The 'Parliamentary Papers Act 1840' (3&4 Vict., c. 9) is an
Act of Parliament passed by the
Parliament of the United Kingdom. The act was passed in response to the case of ''
Stockdale v. Hansard'' where it was held that the
House of Commons enjoyed no
privilege as to publications under its authority circulated beyond
Members of Parliament.
The Act provides that:
★ Publications under the House’s authority enjoy
absolute privilege against civil or criminal proceedings (s.1);
★ Correct copies of such publications also enjoy absolute privilege (s.2);
★ Extracts are protected by
qualified privilege. The
burden of proof is on the defendant to show that the publication was without
malice (s.3).
Publication for circulation among
Members of Parliament is protected by absolute privilege under
common law.
[1]
The Act received the
Royal assent on 14 April, 1840.
References
1. ''Lake v. King'' (1667) 1 Saunders 131
Bibliography
★
★
Constitutional and Administrative Law, Bradley, A.W. & Ewing, K.D., , , Pearson, 2003, ISBN 0582438071
See also
★
Defamation Act 1952, s.9(1)
★
Broadcasting Act 1990, s.203(1)