Defamation Act 1992

Defences - Qualified privilege

17: Qualified privilege not to apply where publication prohibited

You could also call this:

"No protection if you publish something against the law."

Illustration for Defamation Act 1992

You are not protected by qualified privilege if you publish a report that is against the law. This is the case even if the report is about something that happened in New Zealand or somewhere else. The law or a lawful order must prohibit the publication of the report in New Zealand or where the report is about.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM281229.

This page was last updated on View changes


Previous

16: Qualified privilege, or

""


Next

18: Restrictions on qualified privilege in relation to Part 2 of Schedule 1, or

"Rules About Protecting Yourself When Publishing Reports"

Part 2Defences
Qualified privilege

17Qualified privilege not to apply where publication prohibited

  1. Nothing in subsection (1) or subsection (2) of section 16 protects the publication of any report or other matter where the publication of that report or matter is prohibited by law, or by a lawful order, in New Zealand or in a territory in which the subject matter of the report or matter arose.

Compare
  • 1954 No 46 s 17(3)(a)