(b)
shall not nullify a certificate issued under section 23.
(7) The Appeal Tribunal may call for and inspect an exempt document, so however that, where it does so, it
shall take such steps as are necessary to ensure that the document is inspected only by members of staff of the
Appeal Tribunal acting in that capacity.
PART VI. Miscellaneous
33.—(1) Nothing in this Act shall be construed as authorizing the disclosure of any official document—
(a)
containing any defamatory matter; or
(b)
the disclosure of which would be in breach of confidence or of copyright.
Protection
from liability
re defamation
breach of
confidence or
copyright.
(2) Where access to a document referred to in subsection (1) is granted in the bona fide belief that the grant of
such access is required by this Act, no action for defamation, breach of confidence or breach of copyright shall
lie against—
(a)
the Government or any public authority, any Minister or any public officer involved in the
grant of such access, by reason of the grant of access or of any republication of that
document; or
(b)
the author of the document or any other person who supplied the document to the Government
or the public authority, in respect of the publication involved in or resulting from the grant of
access, by reason of having so supplied the document.
(3) The grant of access to an official document in accordance with this Act shall not be construed as
authorization or approval—
(a)
for the purpose of the law relating to defamation or breach of confidence, of the publication of
the document or its contents by the person to whom access is granted;
(b)
for the purposes of the Copyright Act, of the doing by that person of any act comprised within
the copyright in any work contained in the document, as follows—
(i)
any literary, dramatic, musical or artistic work;
(ii)
any sound recording, cinematograph film, television broadcast or sound broadcast; or
(iii)
a published edition of a literary, dramatic, musical or artistic work.
34.—(1) A person commits an offence, if in relation to an official document to which a right of access is
conferred under this Act he—
(a)
alters or defaces;
(b)
blocks or erases;
(c)
destroys; or
(d)
conceals,
Prepared by the Access to Information Unit
Jamaica Archives & Records Department
Office of the Prime Minister
© Government of Jamaica 2003
Offence.
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