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You are here: Home / "slander / Defamation Defense: Qualified Privilege

Defamation Defense: Qualified Privilege

November 11, 2009 by Adrianos Facchetti Leave a Comment

 The last several posts have focused on absolute privileges. Today we’re going to talk about the qualified privilege, which is a lot more common than you might think.

A qualified privilege essentially means what it appears to mean. It allows the publisher/speaker to make a statement that would otherwise be defamatory without being held liable for making the statement. In other words, it’s a defense. The catch is that the statement must be made without malice (otherwise the privilege never arises in the first place: a fine distinction but that’s precedent for you) and to an interested person.

There are three general situations when this privilege applies:

Common Interest: 

This is by far the most commonly invoked qualified privilege. This is where the publisher makes the alleged defamatory statement to a person who, quite simply, has a common interest in the subject matter of the statement. For example, suppose you are a member of a Homeowner’s Association and you write a letter to the Board expressing your disapproval for the Board President’s in rather harsh terms regarding safety issues. Obviously, you and other board members will have a shared interest in keeping the complex safe. Therefore, unless malice is present, the qualified privilege will overcome a claim of defamation.

Special Relationship: 

This is a statement made by “one who stands in such relation to the person interested as to afford a reasonable ground for supposing motive for the communication innocent.”

Request for Information:

The final category involves a statement made by one “who is requested by the person interested to give the information.” For example, in one case a court held that an employer had a privilege to make certain communications to the media about employees.

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Related Posts:

What Are the Defenses To A Claim For Defamation?

Truth Is A Defense To A Claim Of Defamation

Defamation Defense: Discharge of Official Duty

Defamation Defense: Judicial Proceeding

Defamation Defense: Legislative Proceeding

 

Defamation Defense: Other Proceedings

 

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Filed Under: "slander, Defamation, defense, libel" Tagged With: defense defamation libel slander

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California Defamation Law Blog

Law Offices of Adrianos Facchetti 4444 W. Riverside Drive, Suite 308, Burbank, CA 91505
California Defamation Lawyer & Attorney of Adrianos Facchetti Law Firm, offering services related to libel, internet defamation, slander, defamation of character, disparagement, anti-SLAPP, personal injury, car accidents, motorcycle accidents, trucking accidents, serving Los Angeles, San Fernando Valley, San Gabriel Valley, Pasadena, Burbank, Glendale, Arcadia, Beverly Hills, Santa Monica, Long Beach, Orange County, Ventura County, San Bernardino, and throughout California.

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