In other words how can you publish Parlimentary Papers WITHOUT bona fide and WITH malice? Why not protect in this case?
Two other aspects of parliamentary privilege should be noted. First, reports of parliamentary proceedings are protected. This is because parliamentary free speech would be of little value if parliamentary debates and proceedings could not be freely communicated outside Parliament. In Stockdale v Hansard, the court held that parliamentary privilege protected papers printed by Parliament for use by its own members, but not papers made available outside Parliament to the public.159 The Parliamentary Papers Act 1840 reversed this judgment by conferring absolute immunity upon parliamentary publications, such as Hansard (the official reports of parliamentary debates) and other parliamentary papers (eg reports of select committees).160 The Act also confers qualified privilege upon extracts or abstracts from Hansard or other parliamentary papers, which will be protected if published ‘bonâ fide and without malice’.161
161 Parliamentary Papers Act 1840, s 3.