CIVIL EVIDENCE ACT [Chapter 8:01] as at 1st May 2007 (b) the extent, if any, to which the contents of the confidential communication have already been disclosed; and (c) whether an interested person has consented to the disclosure of the confidential communication; and (d) the nature of the cause of action and the subject matter of the proceedings; and (e) any means available to limit the publication of the evidence, whether in terms of the Courts and Adjudicating Authorities (Publicity Restriction) Act [Chapter 7:04] or otherwise. (4) Any evidence given in contravention of this section shall be inadmissible. 10 Privilege in public interest (1) A court may declare any evidence to be privileged in the public interest if the court is satisfied— (a) that it would be detrimental to the public interest for the evidence to be given; and (b) that such detriment would outweigh any prejudice to the parties or to the interests of justice that might be caused by non-disclosure of the evidence. (2) No person shall give any evidence in civil proceedings if the court has declared the evidence to be privileged in the public interest in terms of subsection (1). (3) For the purpose of subsection (1), but without limiting it, public interest includes matters that relate to— (a) the security or defence of the State; or (b) the proper functioning of the Government; or (c) international relations; or (d) confidential sources of information which are concerned with the enforcement or administration of the law; or (e) the prevention or detection of offences or contraventions of the law. (4) For the purpose of determining whether or not any matter should be declared privileged in terms of subsection (1), and in weighing up the balance of interests referred to therein, the court shall have regard to— (a) the likely effect on the public interest if the matter concerned is disclosed; and (b) the importance of the matter concerned in relation to the proceedings and the need to do justice to the parties; and (c) the nature of the cause of action and the subject matter of the proceedings; and (d) any means available to limit the publication of the matter concerned, whether in terms of the Courts and Adjudicating Authorities (Publicity Restriction) Act [Chapter 7:04] or otherwise. (5) Any evidence given in contravention of this section shall be inadmissible. — 7 —