(1) It shall be a defence to a defamation action for the defendant to prove that the statement in respect of which the action was brought would, if it had been made immediately before the commencement of this section, have been considered under the law in force immediately before such commencement as having been made on an occasion of absolute privilege.

(2) Subject to section 18(3) or 78(2) of the Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013, and without prejudice to the generality of subsection (1), it shall be a defence to a defamation action for the defendant to prove that the statement in respect of which the action was brought was -

(a) made in either House of the Oireachtas by a member of either House of the Oireachtas,

(b) contained in a report of a statement, to which paragraph (a) applies, produced by or on the authority of either such House,

(c) made in the European Parliament by a member of that Parliament,

(d) contained in a report of a statement, to which paragraph (c) applies, produced by or on the authority of the European Parliament,

(e) contained in a judgment of a court established by law in the State,

(f) made by a judge, or other person, performing a judicial function,