No. 12 Cases in which publication is absolutely privileged Media Services 2016 38.-(1) The publication of defamatory matter is absolutely privileged, and a person shall not be liable to punishment in that respect where(a) the matter is published by the President, the Government or the National Assembly in any official document or legal proceedings; (b) the matter is published in the National Assembly, by the President, the Government or by any member of the National Assembly or the Speaker; (c) the matter is published by order of the President or the Government; (d) the matter is published concerning a person who is the subject to military or naval discipline for the time being, and relates to his conduct as a person who is the subject of such discipline and is published by the person having authority over him in respect of such conduct; (e) the matter is published in the course of any judicial proceedings by a person taking part in court proceedings as a judge or magistrate or commissioners or advocate or assessor or witness or party thereto; (f) the matter published is in fact a fair report of anything said, done or published in the National Assembly; or (g) the person publishing the matter is legally bound to publish it. (2) Where a publication is absolutely privileged, it is immaterial for the purposes of this Part whether the matter is true or false, and whether it is known or be not known or believed to be false, and whether or not it is published in good faith. (3) Nothing in this section shall exempt any person from any liability of a civil or criminal nature under any 25

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