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Civil Law (Wrongs) Act 2002
121Certain corporations do not have cause of action for
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121 Certain corporations do not have cause of action for
defamation
(1) A corporation has no cause of action for defamation in relation to the
publication of defamatory matter about the corporation unless it was
an excluded corporation at the time of the publication.
(2) A corporation is an excluded corporation if—
(a) the objects for which it is formed do not include obtaining
financial gain for its members or corporators; or
(b) it has fewer than 10 employees and is not an associated entity of
another corporation;
and the corporation is not a public body.
(3) In counting employees for the purposes of subsection (2) (b),
part-time employees are to be taken into account as an appropriate
fraction of a full-time equivalent.
(5) Subsection (1) does not affect any cause of action for defamation that
an individual associated with a corporation has in relation to the
publication of defamatory matter about the individual even if the
publication of the same matter also defames the corporation.
corporation includes any body corporate or corporation constituted
by or under a law of any country (including by exercise of a
prerogative right), whether or not a public body.
employee, in relation to a corporation, includes any individual
(whether or not an independent contractor) who is—
(a) engaged in the day-to-day operations of the corporation other
than as a volunteer; and
(b) subject to the control and direction of the corporation.
public body means a local government body or other governmental
or public authority constituted by or under a law of any country.
Causes of action for defamation Division 9.2.2