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

Cap. 579 Art. 7Privileged publications. Cap. 12.

In KraftAmtlicher Text

(1) No action for defamation shall lie in respect of the following publications:

(a) publications made in pursuance of an Act of Parliament or by authority of the President of Malta or of the House of Representatives;

(b) publications consisting of communications between public officers, or between such officers, and contractors of the public service or officials of public corporations, reports of inquiries held in terms of any law, or statements by public officers that are made in good faith in the public interest including the interests of national security, territorial integrity, public safety, the prevention of disorder or crime or for the protection of health or morals;

(c) publications of reports of debates of the bona fide House of Representatives, provided the relevant part of the debate is published, and the defence of any person against whom any charge is made is not suppressed or maliciously or negligently curtained or altered;

(d) publications of reports of any proceedings in a court of justice in Malta, provided such reports are fair reports of the proceedings and the publication of such reports or proceedings is not prohibited by law or by the court;

(e) any evidence given in good faith and according to law before a court or before a tribunal established by law:

Provided that it shall not be lawful to publish -

(a) anything which, by article 994 of the Code of

Organization and Civil Procedure, is forbidden to be used or produced, or

(b) any report of the proceedings in any case of defamation, in which evidence of the truth of the matters charged is not allowed by law.

(2) The following publications are also privileged:

(a) a fair and accurate copy of, extract from or summary of, a notice or other matter issued for the information of the public by or on behalf of -

(i) a legislature or government anywhere in the world;

(ii) an authority anywhere in the world performing governmental functions including police functions;

(iii) an international organisation or international conference;

(b) a fair and accurate copy of, extract from or summary of, a document made available by a court anywhere in the world, or by a judge or officer of such a court;

(c) a fair and accurate report of proceedings at a press conference held anywhere in the world for the discussion of a matter of public interest;

(d) a fair and accurate copy of, extract from or summary of any document circulated to members of a company listed on a stock exchange -

(i) by or with the authority of the board of directors of the company,

(ii) by the auditors of the company, or

(iii) by any member of the company in pursuance of a right conferred by any law.

(e) a fair and accurate copy of, extract from or summary of any document circulated to members of a company listed on a stock exchange which relates to the appointment, resignation, retirement or dismissal of directors of the company or its auditors;

(f) a fair and accurate -

(i) report of proceedings of a scientific or academic conference held anywhere in the world, or

(ii) copy of, extract from or summary of matter published by such a conference.

(3) In sub-article (2) -

"court" includes -

(a) any tribunal or body established under the law of any country or territory exercising the judicial power of the State;

(b) any international tribunal established by the Security Council of the United Nations or by an international agreement;

(c) any international tribunal deciding matters in dispute between States;

"international conference" means a conference attended by representatives of two or more governments;

"international organisation" means an organisation of which two or more governments are members, and includes any committee or other subordinate body of such an organisation.