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Cap. 579 · Media And Defamation Act (Cap. 579)

Cap. 579 Art. 6Peer-reviewed statement in scientific or academic journal, etc.

In KraftAmtlicher Text

(1) The publication of a statement in a scientific or academic journal (whether published in electronic form or otherwise)

is privileged if the following conditions are met:

(a) that the statement relates to a scientific or academic matter;

(b) that before the statement was published in the journal an independent review of the statement’s scientific or academic merit was carried out by:

(i) the editor of the journal; and

(ii) one or more persons with expertise in the scientific or academic matter concerned.

(2) Where the publication of a statement in a scientific or academic journal is privileged by virtue of sub-article (1) the publication in the same journal of any assessment of the statement’s scientific or academic merit is also privileged if -

(a) the assessment was written by one or more of the persons who carried out the independent review of the statement; and

(b) the assessment was written in the course of that review.

(3) Where the publication of a statement or assessment is privileged by virtue of this article, the publication of a fair and accurate copy of extract from or summary of the statement or assessment is also privileged.

(4) Notwithstanding the other provisions of this article a publication is not privileged by virtue of this article if it is shown to be made with malice.

(5) Nothing in this article is to be construed -

(a) as protecting the publication of matter the publication of which is prohibited by law;

(b) as limiting any privilege subsisting apart from this article.