General Section 57 – Damages
155.Subsection (1)(a) and (b) provide that no claim for damages may be made as result of a person’s inclusion in, or the fact that he is not included in a barred list. Subsection (1)(c) makes it clear that no claim for defamation may be brought by the subject of any information which is provided to the IBB by those under a duty to refer or provide information
156.But subsection (2) provides that people or bodies which refer or provide information to the IBB which they know to be untrue and which they create, or cause another to create, will not be protected from damages claims. This subsection ensures that defamation claims may be made in respect of malicious referrals under provisions mentioned in subsection (1)(c).