PART 8GENERAL

CHAPTER 2DEFAMATION

140Absolute privilege

(1)For the purposes of the law of defamation, the following are absolutely privileged—

(a)the publication of a matter by the Commissioner in the exercise of any of his or her functions;

(b)the publication of a matter by a member of the Advisory Panel in the exercise of any of his or her functions;

(c)the publication of a matter by a person in compliance with a requirement in a decision notice;

(d)the publication, in a communication between—

(i)the Commissioner, and

(ii)a protected person,

of a matter in connection with an inquiry or investigation;

(e)the publication, in a communication between—

(i)the complainant or a person acting on behalf of the complainant, and

(ii)a representative,

of a matter in connection with an investigation under Part 5 or Part 6.

(2)In this section a reference to the Commissioner includes the following persons—

(a)the members of the Commissioner’s staff;

(b)any person acting on the Commissioner’s behalf or assisting in the exercise of the Commissioner’s functions.

141Interpretation of this Chapter

In this Chapter—

• “complainant” (“achwynydd”)\ means—

  (a)

  in relation to an investigation under Part 5, the person (if any) referred to as “P” in section 93;

  (b)

  in relation to an investigation under Part 6—

  (i)

  the person referred to as “P” in section 111; and

  (ii)

  the person referred to as “R” in section 111;

• “inquiry” (“ymholiad”) means an inquiry under section 7;

• “investigation” (“ymchwiliad”) means any of the following—

  (a)

  a standards investigation under Chapter 8 of Part 4;

  (b)

  an investigation under Part 5 (compliance with relevant requirements);

  (c)

  an investigation under Part 6 (interference with the freedom to communicate in Welsh);

• “protected person” (“person a ddiogelir”), in relation to an inquiry or investigation, means any of the following persons—

  (a)

  a member of the Advisory Panel;

  (b)

  a representative;

  (c)

  a person who is the subject of the inquiry or investigation;

  (d)

  a person with whom the Commissioner is communicating for the purpose of obtaining information in connection with an inquiry or investigation;

  (e)

  the complainant;

  (f)

  a person acting on behalf of a person falling within paragraph (c) to (e);

• “representative” (“cynrychiolydd”) means any of the following persons—

  (a)

  a member of a community council, county borough council or county council in Wales;

  (b)

  a Member of the National Assembly for Wales;

  (c)

  a Member of Parliament;

  (d)

  a member of the House of Lords;

  (e)

  a Member of the European Parliament.