Section 140 Absolute privilege
For the purposes of the law of defamation, the following are absolutely privileged—
the publication of a matter by the Commissioner in the exercise of any of his or her functions;
the publication of a matter by a member of the Advisory Panel in the exercise of any of his or her functions;
the publication of a matter by a person in compliance with a requirement in a decision notice;
the publication, in a communication between—
the Commissioner, and
a protected person,
of a matter in connection with an inquiry or investigation;
the publication, in a communication between—
the complainant or a person acting on behalf of the complainant, and
a representative,
of a matter in connection with an investigation under Part 5 or Part 6.
In this section a reference to the Commissioner includes the following persons—
the members of the Commissioner's staff;
any person acting on the Commissioner's behalf or assisting in the exercise of the Commissioner's functions.
Annotations
Commencement
- 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)