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Ch4 Parliament House and access to proceedings / ACCESS TO PROCEEDINGS / Broadcasting of proceedings / Legal aspects



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House of Representatives                                Ch 4                                                 p 120

 

Parliament House and access to proceedings / ACCESS TO PROCEEDINGS / Broadcasting of proceedings

 

Legal aspects

Members are covered by absolute privilege in respect of statements made in the House when the House is being broadcast. Absolute privilege also attaches to those persons authorised to broadcast or re-broadcast the proceedings. The Parliamentary Proceedings Broadcasting Act provides that:

No action or proceeding, civil or criminal, shall lie against any person for broadcasting or re-broadcasting any portion of the proceedings of either House of the Parliament or of a joint sitting.

Only qualified privilege may be held to attach to the broadcast of excerpts of proceedings, and it may be considered that this situation is appropriate given the fact that those involved in the broadcasting of excerpts act essentially on their own initiative, whereas those involved in the official radio broadcast and re-broadcast of proceedings have no discretion in the matter, being required to perform these functions by the law.