Western Australian Current Acts Western Australian Current Acts (1) It is a defence to
the publication of defamatory matter if the defendant proves that the matter
was, or was contained in, a fair report of any proceedings of public concern.
(2) It is a defence to
the publication of defamatory matter if the defendant proves that —
(a) the
matter was, or was contained in, an earlier published report of proceedings of
public concern;
(b) the
matter was, or was contained in, a fair copy of, a fair summary of, or a fair
extract from, the earlier published report; and
(c) the
defendant had no knowledge that would reasonably make the defendant aware that
the earlier published report was not fair.
(3) A defence
established under subsection (1) or (2) is defeated if, and only if, the
plaintiff proves that the defamatory matter was not published honestly for the
information of the public or the advancement of education.
(4) In this section
—
proceedings of public concern means —
(a) any
proceedings in public of a parliamentary body;
(b) any
proceedings in public of an international organisation of any countries or of
the governments of any countries;
(c) any
proceedings in public of an international conference at which the governments
of any countries are represented;
(d) any
proceedings in public of —
(i)
the International Court of Justice, or any other judicial
or arbitral tribunal, for the decision of any matter in dispute between
nations; or
(ii)
any other international judicial or arbitral tribunal;
(e) any
proceedings in public of a court or arbitral tribunal of any country;
(f) any
proceedings in public of an inquiry held under the law of any country or under
the authority of the government of any country;
(g) any
proceedings in public of a local government body of any Australian
jurisdiction;
(h)
proceedings of a learned society, or of a committee or governing body of the
society, under its relevant objects, but only to the extent that the
proceedings relate to a decision or adjudication made in Australia about
—
(i)
a member or members of the society; or
(ii)
a person subject by contract or otherwise by law to
control by the society;
(i)
proceedings of a sport or recreation association, or of a
committee or governing body of the association, under its relevant objects,
but only to the extent that the proceedings relate to a decision or
adjudication made in Australia about —
(i)
a member or members of the association; or
(ii)
a person subject by contract or otherwise by law to
control by the association;
(j)
proceedings of a trade association, or of a committee or governing body of the
association, under its relevant objects, but only to the extent that the
proceedings relate to a decision or adjudication made in Australia about
—
(i)
a member or members of the association; or
(ii)
a person subject by contract or otherwise by law to
control by the association;
(k) any
proceedings of a public meeting (with or without restriction on the people
attending) of shareholders of a public company under the Corporations Act 2001
of the Commonwealth held anywhere in Australia;
(l) any
proceedings of a public meeting (with or without restriction on the people
attending) held anywhere in Australia if the proceedings relate to a matter of
public interest, including the advocacy or candidature of a person for public
office;
(m) any
proceedings of an ombudsman of any country if the proceedings relate to a
report of the ombudsman;
(n) any
proceedings in public of a law reform body of any country;
(o) any
other proceedings conducted by, or proceedings of, a person, body or
organisation of another Australian jurisdiction that are treated in that
jurisdiction as proceedings of public concern under a provision of a law of
the jurisdiction corresponding to this section; or
(p) any
proceedings of a kind specified in Schedule 3.
(5) In this section
—
law reform body of a country means a body (however
described and whether or not permanent or full-time) established by law to
conduct inquiries into, and to make recommendations on, reforming the laws of
that country;
learned society means a body, wherever formed
—
(a) the
objects of which include the advancement of any art, science or religion or
the advancement of learning in any field; and
(b)
authorised by its constitution —
(i)
to exercise control over, or adjudicate on, matters
connected with those objects; and
(ii)
to make findings or decisions having effect, by law or
custom, in any part of Australia;
ombudsman of a country means a person (however
described and whether or not permanent or full-time) authorised by law to
investigate complaints about the actions or other conduct of any public
officials or public bodies of that country;
relevant objects of a learned society, sport or
recreation association or trade association means —
(a) in
relation to a learned society — objects of the kind referred to in
paragraph (a) of the definition of “learned society” in this
subsection;
(b) in
relation to a sport or recreation association — objects of the kind
referred to in paragraph (a) of the definition of “sport or recreation
association” in this subsection; or
(c) in
relation to a trade association — objects of the kind referred to in
paragraph (a) of the definition of “trade association” in this
subsection;
sport or recreation association means a body,
wherever formed —
(a) the
objects of which include the promotion of any game, sport, or pastime to the
playing of which or exercise of which the public is admitted as spectators or
otherwise and the promotion or protection of the interests of people connected
with the game, sport, or pastime; and
(b)
authorised by its constitution —
(i)
to exercise control over, or adjudicate on, matters
connected with the game, sport, or pastime; and
(ii)
to make findings or decisions having effect, by law or
custom, in any part of Australia;
trade association means a body, wherever formed
—
(a) the
objects of which include the promotion of any calling, that is to say, a
trade, business, industry or profession and the promotion or protection of the
interests of people engaged in any calling; and
(b)
authorised by its constitution —
(i)
to exercise control over, or adjudicate on, matters
connected with a calling or the conduct of people engaged in the calling; and
(ii)
to make findings or decisions having effect, by law or
custom, in any part of Australia.