First Previous (FIRST SCHEDULE Enactments Repealed)

40 1961

DEFAMATION ACT, 1961

SECOND SCHEDULE

Statements having qualified privilege

Section 24.

Part I

Statements privileged without Explanation or Contradiction

1. A fair and accurate report of any proceedings in public of a house of any legislature (including subordinate or federal legislatures) of any foreign sovereign State or any body which is part of such legislature or any body duly appointed by or under the legislature or executive of such State to hold a public inquiry on a matter of public importance.

2. A fair and accurate report of any proceedings in public of an international organization of which the State or the Government is a member or of any international conference to which the Government sends a representative.

3. A fair and accurate report of any proceedings in public of the International Court of Justice and any other judicial or arbitral tribunal deciding matters in dispute between States.

4. A fair and accurate report of any proceedings before a court (including a courtmartial) exercising jurisdiction under the law of any legislature (including subordinate or federal legislatures) of any foreign sovereign State.

5. A fair and accurate copy of or extract from any register kept in pursuance of any law which is open to inspection by the public or of any other document which is required by law to be open to inspection by the public.

6. Any notice or advertisement published by or on the authority of any court in the State or in Northern Ireland or any Judge or officer of such a court.

Part II

Statements privileged subject to Explanation or Contradiction

1. A fair and accurate report of the findings or decision of any of the following associations, whether formed in the State or Northern Ireland, or of any committee or governing body thereof, that is to say:

(a) an association for the purpose of promoting or encouraging the exercise of or interest in any art, science, religion or learning, and empowered by its constitution to exercise control over or adjudicate upon matters of interest or concern to the association or the actions or conduct of any persons subject to such control or adjudication;

(b) an association for the purpose of promoting or safeguarding the interests of any trade, business, industry or profession or of the persons carrying on or engaged in any trade, business, industry or profession and empowered by its constitution to exercise control over or adjudicate upon matters connected with the trade, business, industry or profession or the actions or conduct of those persons;

(c) an association for the purpose of promoting or safeguarding the interests of any game, sport or pastime, to the playing or exercise of which members of the public are invited or admitted, and empowered by its constitution to exercise control over or adjudicate upon persons connected with or taking part in the game, sport or pastime;

being a finding or decision relating to a person who is a member of or is subject by virtue of any contract to the control of the association.

2. A fair and accurate report of the proceedings at any public meeting held in the State or Northern Ireland, being a meeting bona fide and lawfully held for a lawful purpose and for the furtherance or discussion of any matter of public concern whether the admission to the meeting is general or restricted.

3. A fair and accurate report of the proceedings at any meeting or sitting of—

(a) any local authority, or committee of a local authority or local authorities, and any corresponding authority, or committee thereof, in Northern Ireland;

(b) any Judge or Justice acting otherwise than as a court exercising judicial authority and any corresponding person so acting in Northern Ireland;

(c) any commission, tribunal, committee or person appointed, whether in the State or Northern Ireland, for the purposes of any inquiry under statutory authority;

(d) any person appointed by a local authority to hold a local inquiry in pursuance of an Act of the Oireachtas and any person appointed by a corresponding authority in Northern Ireland to hold a local inquiry in pursuance of statutory authority;

(e) any other tribunal, board, committee or body constituted by or under, and exercising functions under, statutory authority, whether in the State or Northern Ireland;

not being a meeting or sitting admission to which is not allowed to representatives of the press and other members of the public.

4. A fair and accurate report of the proceedings at a general meeting, whether in the State or Northern Ireland, of any company or association constituted, registered or certified by or under statutory authority or incorporated by charter, not being, in the case of a company in the State, a private company within the meaning of the Companies Acts, 1908 to 1959, or, in the case of a company in Northern Ireland, a private company within the meaning of the statutes relating to companies for the time being in force therein.

5. A copy or fair and accurate report or summary of any notice or other matter issued for the information of the public by or on behalf of any Government department, local authority or the Commissioner of the Garda Síochána or by or on behalf of a corresponding department, authority or officer in Northern Ireland.