Section 140 Absolute privilege

(1)

For the purposes of the law of defamation, the following are absolutely privileged—

I1(a)

the publication of a matter by the Commissioner in the exercise of any of his or her functions;

(b)

the publication of a matter by a member of the Advisory Panel in the exercise of any of his or her functions;

I2(c)

the publication of a matter by a person in compliance with a requirement in a decision notice;

the publication, in a communication between—

(i)

the Commissioner, and

(ii)

a protected person,

of a matter in connection with an inquiry or investigation;

(e)

the publication, in a communication between—

(i)

the complainant or a person acting on behalf of the complainant, and

(ii)

a representative,

of a matter in connection with an investigation under Part 5 or Part 6.

(2)

In this section a reference to the Commissioner includes the following persons—

(a)

the members of the Commissioner's staff;

(b)

any person acting on the Commissioner's behalf or assisting in the exercise of the Commissioner's functions.

Annotations

I1: S. 140(1)(a)(b)(2) in force at 1.4.2012 by S.I. 2012/969, art. 2(n)
I2: S. 140(1)(c) in force at 7.7.2015 by S.I. 2015/1413, art. 3(e)
I3: S. 140(1)(d)(e) in force at 1.4.2012 for specified purposes by S.I. 2012/969, art. 2(n)
I4: S. 140(1)(d)(e) in force at 7.7.2015 in so far as not already in force by S.I. 2015/1413, art. 3(d)