Protection from defamation or breach of confidence actions
80 Protection from defamation or breach of confidence actions
When a State archive is transferred to the State archives collection under this Act by its author or any other person, neither person is criminally liable or liable in tort for doing so.
If access to a State archive is given under this Act by a person who believes, in good faith, that this Act requires or permits the access to be given —
an action in tort for defamation or breach of confidence does not lie against the Crown, a government organisation or a government organisation employee merely because access is given; and
an action in tort for defamation or breach of confidence in respect of any publication involved in, or resulting from, the giving of access does not lie against the author of the archive or any other person by reason of the author or other person having supplied the archive to a government organisation.
The giving of access to a State archive under this Act does not constitute, for the purpose of the law on defamation or breach of confidence, an authorisation or approval of the publication of the archive, or any matter it contains, by the person to whom access is given.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.