4. Defences against contempt of a court, tribunal or institution

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

(1)

Any publication or expression of accurate facts made in good faith of a judge or judicial officer or, proceeding, judgment or order of a court, tribunal or institution as the case may be, on a matter of public interest shall not be deemed to be contempt of such court, tribunal or institution, where the risk of causing any impediment or prejudice to such judge or judicial officer or proceeding, judgement or order is merely incidental.

(2)

Any publication or expression-

(a)

of accurate facts of any case or proceedings before a court, tribunal or institution made without malice or intention to impair the administration of justice; or

(b)

of fair comments on the merits of any judgment or order of a court, or action or application which has been heard and decided, shall not be deemed to be contempt of a court, tribunal or institution where every attempt has been made to avoid any contempt and such publication or expression has been done bona fide.

(3)

The provisions of subsections (1) and (2) shall not be construed as affecting or limiting any other valid defence for contempt of a court, tribunal or institution, contained in any other written law.

Read on from s 5