Qualified privilege
5 Qualified privilege
If this Act provides that a person has qualified privilege for an act, matter or thing, the person, in relation to the act, matter or thing —
has qualified privilege in proceedings for defamation; and
is not, in the absence of malice on the person’s part, liable to an action for defamation at the suit of a person.
In subsection (1) —
malice includes ill‑will to the person concerned or any other improper motive.
Neither this section nor a provision of this Act that provides as mentioned in subsection (1) limits or affects any right, privilege or immunity that a person has, apart from this section or such a provision, as a defendant in proceedings, or an action, for defamation.
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