(1) This section applies to any action for defamation begun after January 1st, 2004 by a rehabilitated person and founded upon the publication of any matter imputing that the rehabilitated person has committed or has been charged with or prosecuted for or convicted of or sentenced for an offence which was the subject of a spent conviction.
(2) A defendant shall not be entitled to rely on any defence of justification of fair comment or of absolute or qualified privilege if it is proved that the publication was made with malice.
(3) This section shall not apply to any action where the publication complained of took place before the conviction in question became spent.