Special Part, Illustrations. (4)

The conduct of a person in the exercise of any public office or in any public affairs in which he takes part is matter of public interest.

The conduct of local authorities in local administration, and of the managers of public institutions in the affairs of those institutions, are matters of public interest.

A published book or paper, a work of art publicly exhibited or offered for sale, a public building, or publicly exhibited architectural design, a new invention or discovery publicly described or advertised, a public performance or entertainment, the conduct of persons in public places, are open to public comment.

[The term “privilege” has sometimes been applied to cases of this class, but wrongly: Merivale v. Carson, 20 Q. B. Div. 275.]

Fair public reports are not defamation.36. It is not defamation to publish or cause to be published in good faith a correct and impartial report of a public judicial or legislative* proceeding. Any proceeding of which the publication is authorized by the Court or legislative body before or in which it takes place is, but a proceeding of which the publication has been forbidden by that Court or legislative body is not, a public proceeding for the purpose of this section.

[* Alternative reading,—“of a public judicial proceeding or of any proceeding in either House of the Imperial Parliament or any Committee thereof, or of any public proceeding of the Council of the Governor General or any other Council established under the provisions of the Indian Councils Act, 1861.”]