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318.   Conditional privilege on publication in good faith

Revised Laws of Saint Lucia (2022)

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318.   Conditional privilege on publication in good faith

A publication of defamatory matter is privileged, on condition that it is published in good faith, and in any of the following cases—

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    (a)     if the matter published is a copy or reproduction, or in fact a fair abstract, of any matter which has been previously published, and the previous publication of which was or would have been privileged under section 317;

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    (b)     if the matter is a censure passed by a person in good faith on the conduct of another person in any matter in respect of which he or she has authority, by contract or otherwise over that other person, or on the character of that other person so far as it appears in such conduct;

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    (c)     if the matter is a complaint or accusation made by a person in good faith against another person in respect of his or her conduct in any matter, or in respect of his or her character so far as it appears in such conduct to the person who has authority, by contract or otherwise, over that other person in respect of such conduct or matter or has authority by law to inquire into or receive complaints concerning such conduct or matter;

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    (d)     if the matter is an expression of opinion in good faith as to the conduct of the person as disclosed by evidence given in a legal proceeding in open Court, whether civil or criminal, or concerning the conduct of the person who is a party, witness or otherwise in any such proceeding, or concerning the character of any person so far as it appears in any such conduct;

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    (e)     if the matter is an expression of opinion in good faith concerning the conduct of a person in a judicial, official, or other public capacity, or his or her personal character so far as it appears in such conduct;

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    (f)     if the matter is published by a person acting as counsel or advocate in the course of, or in preparation for any legal proceeding;

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    (g)     if the matter published is in fact a fair report of anything said, done, or shown in a civil or criminal inquiry or proceeding before any Court, unless the Court prohibits the publication of anything said or shown before it, on the ground that it is seditious, immoral, or blasphemous;

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    (h)     if the matter is an expression of opinion in good faith concerning the conduct of a person in relation to any public issue or matter, or concerning his or her personal character so far as it appears in such conduct;

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    (i)     if the matter is an expression of opinion in good faith as to the merits of any book, writing, painting, speech, other work, performance, or act published, or publicly done or made or submitted by a person to the judgment of the public or concerning the character of the person so far as it appears therein;

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    (j)     if the matter is published in good faith for the protection of the rights or interests of the person who publishes it, or of the person to whom it is published, or of some other person in whom the person to whom it is published is interested.

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