Revised Laws of Saint Lucia (2021)

317.   Absolute privilege good defence

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    (1)   The publication of defamatory matter is absolutely privileged and no person shall under any circumstances be liable to punishment under this Code in respect thereof, in any of the following cases—

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      (a)     if the matter is published by the Governor General, or by Cabinet or by Parliament, in any official document or proceeding;

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      (b)     if the matter is published by order of Cabinet;

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      (c)     if the matter is published in Cabinet, in the House of Assembly or the Senate by any member of Cabinet or Parliament;

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      (d)     if the matter published is in fact a fair report of anything said, done, or published in Cabinet or in Parliament;

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      (e)     if the matter is published by a person acting in any judicial proceeding as a judge or magistrate, or as Attorney General, Director of Public Prosecutions or other public prosecutor, or as a juror or witness;

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      (f)     if the matter is published concerning a person subject to the police force discipline, and relates to his or her conduct as a person subject to such discipline, and is published by a person having authority over him or her in respect of such conduct, or to the person having authority over him or her in respect of such conduct;

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      (g)     if the person who publishes the matter is legally bound to publish it;

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      (h)     if the matter is true, and it is found by the jury that it was for the public benefit that the matter should be published.

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    (2)   Except as otherwise provided in subsection (1)(a), where a publication is absolutely privileged, it is immaterial for the purposes of this Part (despite any of the general provisions of Chapter One of this Code with respect to justifications or excuses) whether the matter is true or false, and whether or not it is known or believed to be false and whether or not it is published in good faith.

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    (3)   Nothing in this section shall exempt a person from any liability to punishment under any other provisions of this Code or under any other enactment.