•28th September, 1936
THE PALESTINE
GAZETTE
207.
A publication of defamatory matter is privileged, on
condition that it was published i n good faith, if the relation
between the parties by and to whom the publication is made is
such that the person publishing the matter is under some legal,
moral or social duty to publish it to the person to w h o m the
publication is made or has a legitimate personal interest i n so
publishing i t , provided that the publication does not exceed either
i n extent or matter what is reasonably sufficient for the occasion,
and i n any of the following cases :—
1017
Cases in which
publication of
defamatory
matter is
conditionally
privileged.
(a) i f the matter is an expression of opinion i n good faith
as to the conduct of a person i n a judicial, official or other
public capacity, or as to his personal character so far as it
appears i n such conduct; or
(b)
if the matter is an expression of opinion i n good faith
as to the conduct of a person i n relation to any public
question or matter, or as to his personal character so far
as it appears i n such conduct; or
(c) if the matter is an expression of opinion i n good faith
as to the conduct of any person as disclosed by evidence
given i n a public legal proceeding, whether civil or criminal,
or as to the conduct of any person as a party, witness, or
otherwise i n any such proceeding, or as to the character
of any person so far as it appears i n any such conduct as i n
this paragraph mentioned; or
(d)
if the matter is an expression of opinion i n good faith
as to the merits of any book, writing, painting, speech, or
other work, performance, or act published or publicly done
or made, or submitted by a person to the judgment of the
public, or as to the character of the person so far as it
appears therein; or
( e ) i f the matter is a censure passed by a person i n good
faith on the conduct of another person i n any matter i n
respect of which he has authority, by contract or otherwise,
over the other person, or on the character of the other
person, so far as it appears i n such conduct; or
(/) i f the matter is a complaint or accusation made by a
person i n good faith against another person i n respect of
his conduct i n any matter, or i n respect of his character
so far as it appears i n such conduct, to any person having
authority, by contract or otherwise, over that other person
i n respect of such conduct or matter, or having authority
by law to inquire into or receive complaints respecting such
conduct or matter; or
(g)
if the matter is published i n good faith for the protection
of the rights or interests of the person who publishes i t ,
or of the person to whom it is published, or of some person
i n w h o m the person to whom it is published is interested.
208.
A publication of defamatory matter shall not be deemed
to have been made i n good faith by a person, w i t h i n the meaning
of the last preceding section, i f it is made to appear either : —
( a ) that the matter was untrue, and that he did not believe
it to be true ; or
( b ) that the matter was untrue, and that he published it
without having taken reasonable care to ascertain whether
it was true or false ; o r
(c)
that, i n publishing the matter, he acted with intent to
injure the person defamed i n a substantially greater degree
Explanation as
to good faith.