89Meaning of qualified privilege

#### 89 Meaning of qualified privilege (1) Where this Act provides that a person has qualified privilege in respect of an act, matter or thing, the person: (a) has qualified privilege in proceedings for defamation; or (b) is not, in the absence of malice on the person’s part, liable to an action for defamation at the suit of a person; as the case requires, in respect of that act, matter or thing. (2) In subsection (1): > malice includes ill will to the person concerned or any other improper motive. (3) Neither this section nor a provision of this Act that provides as mentioned in subsection (1) limits or affects any right, privilege or immunity that a person has, apart from this section or such a provision, as defendant in proceedings, or an action, for defamation.