Special Part, Illustration. (3)

A. is present at proceedings before a magistrate in the course of which imputations are made on B.’s conduct. A. sends a substantially correct report of the proceedings to a newspaper, and the newspaper publishes it. No wrong is done to B. if A. sends the report only for the purpose of giving information to the public on a matter of general interest. But if A. sends the report from motives of ill-will towards B., this may be a wrong to B..

Exceptions on grounds of public policy.37. In the following cases the wrong of defamation is not committed against a person concerning whom a statement is made, though the statement be defamatory, and whatever be the intention, motive, or belief of the person making the statement:—

Explanation.—For the purposes of this section the proceedings of a naval or military court-martial, or court of inquiry, or any other body lawfully authorized to take evidence with a view to a determination of a judicial nature, such court or body being constituted according to the law, regulations, or usage applicable to the subject-matter, and dealing with a matter which by such law, regulations, or usage is within its competence, and all reports and statements made in the course of naval, military, or official duty in reference to such proceedings are deemed to be judicial proceedings.

Statements on privileged occasions.38. (1) Where a statement is made—

that statement is said to be made on a privileged occasion.

Immunity of statements in good faith on privileged occasion. (2) It is not defamation to make a statement on a privileged occasion in good faith, and in a manner not exceeding what is reasonably sufficient for the occasion.

(3) A statement made on a privileged occasion is presumed to have been made in good faith.

(4) What is reasonably sufficient for the occasion is a question of fact to be determined with regard to the whole circumstances.