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RIGHT TO INFORMATION ACT 2009 - SECT 171
Publication—protection against actions for defamation or breach of confidence
171 Publication—protection against actions for defamation or breach of
confidence
(1) If a document has been published and— (a) the publication was— (i)
required or permitted under section 78 or 78A ; or
(ii) authorised by a
Minister, or an officer having authority in relation to disclosure logs, in
the genuine belief the publication was required or permitted under section 78
or 78A ; or
(b) the publication was required under section 110 or authorised
by the information commissioner in the genuine belief that the publication was
required under section 110 ;
then— (c) no action for defamation or breach of
confidence lies against the State, an agency, a Minister, the commissioner or
an officer because of the publication; and
(d) no action for defamation or
breach of confidence in relation to the publication or a resulting publication
lies against the author of the document or another person because of the
author or another person having given the document to an agency, Minister or
commissioner.
(2) The publication of a document (including an exempt document
or contrary to public interest document) under section 78 , 78A or 110 must
not be taken for the purposes of the law relating to defamation or breach of
confidence to constitute an authorisation or approval of the publication of
the document or its contents.
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