Defamation Act, 1961

Qualified privilege of certain newspaper and broadcasting reports.

24.—(1) Subject to the provisions of this section, the publication in a newspaper or the broadcasting by means of wireless telegraphy as part of any programme or service provided by means of a broadcasting station within the State or in Northern Ireland of any such report or other matter as is mentioned in the Second Schedule to this Act shall be privileged unless the publication or broadcasting is proved to be made with malice.

(2) In an action for libel in respect of the publication or broadcasting of any such report or matter as is mentioned in Part II of the Second Schedule to this Act, the provisions of this section shall not be a defence if it is proved that the defendant has been requested by the plaintiff to publish in the newspaper in which the original publication was made or to broadcast from the broadcasting station from which the original broadcast was made, whichever is the case, a reasonable statement by way of explanation or contradiction, and has refused or neglected to do so, or has done so in a manner not adequate or not reasonable having regard to all the circumstances.

(3) Nothing in this section shall be construed as protecting the publication or broadcasting of any matter the publication or broadcasting of which is prohibited by law, or of any matter which is not of public concern and the publication or broadcasting of which is not for the public benefit.

(4) Nothing in this section shall be construed as limiting or abridging any privilege subsisting (otherwise than by virtue of section 4 of the Law of Libel Amendment Act, 1888) immediately before the commencement of this Act.