Parliamentary Papers Act 1840

Parliamentary Papers Act 1840 ^[1]

Act of Parliament
Parliament of the United Kingdom
Long title	An Act to give summary Protection to Persons employed in the Publication of Parliamentary Papers.
Citation	3 & 4 Vict. c. 9
Dates
Royal assent	14 April 1840
Status: Current legislation
Text of statute as originally enacted
Text of the Parliamentary Papers Act 1840 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

The Parliamentary Papers Act 1840 (3 & 4 Vict. c. 9) is an Act of 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.

Provisions

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. ^[2] The Act received royal assent on 14 April 1840.

The Act is notable by being ex post facto – it changes the legal status of happenings before the Act was passed. As such, it is a precedent showing that Parliament has sovereignty over the past as well as the future.

See also

• Defamation Act 1952, s. 9(1): extends the privilege to publication by wireless telegraphy
• Broadcasting Act 1990, s. 203(1): extends the privilege to "inclusion in a programme service" (i.e. including cable television)
• Defamation Act 1996, s. 15: extends the privilege to any "fair and accurate report of proceedings"

References

1. The citation of this Act by this short title was authorised by the Short Titles Act 1896, section 1 and the first schedule. Due to the repeal of those provisions it is now authorised by section 19(2) of the Interpretation Act 1978.
2. Lake v. King (1667) 1 Saunders 131.

Bibliography

• Text of the Parliamentary Papers Act, without amendments
• Text of the Parliamentary Papers Act as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk .
• A Collection of the Public General Statutes passed in the Third and Fourth Year of the Reign of Her Majesty Queen Victoria, 1840. Printed by George E Eyre and Andrew Spottiswoode, printers to the Queen's most excellent majesty. London. 1840. Pages 99 to 100.
• Bradley, A. W. & Ewing, K. D. (2003). Constitutional and Administrative Law (13th ed.). London: Pearson. pp. 219–220. ISBN   0582438071.