Privilege is a defence which can be utilised to protect an individual’s liability for making defamatory statements in defamation cases. The defence consists of two types of privilege – absolute privilege and qualified privilege. Absolute privilege provides complete protection, whereas qualified privilege is only applied if certain conditions are met.
What is Absolute Privilege?
Absolute Privilege is a defence in defamation which provides complete immunity to a person making a statement. This is the case even if the statement made by a person is harmful to the reputation of another person, false, or made maliciously. This is because in certain situations, the law priorities public interest over an individual’s reputation. The defence is provided for under s.14 of the Defamation Act 1996 amended by s.7 of the Defamation Act 2013.
Common examples of Absolute Privilege
- Proceedings in Parliament:MPs have the freedom to speak freely during proceedings and discuss contentious subjects without the fear of punitive measures being taken against them.
- Proceedings in Court:This will include statements made by witnesses, lawyers and judges during proceedings, as well as documents and testimonies.
- Reporting of public court proceedings:If the reports made are accurate and fair, and the reports made are on the proceedings themselves rather than on external comments or documentation, then they will be protected by absolute privilege.
Qualified Privilege
Qualified Privilege is a partial defence in defamation which protects individuals or organisations from liability if they have made statements which are potentially defamatory. This will be the case provided that the statements were honestly made, without malice, on a proper occasion, and if they were made to someone who had a corresponding interest in the statement.
At common law, the person making the statement must have a social, moral and a legal obligation to do so. Additionally, the person receiving the statement must have a corresponding interest in it. There must be a relationship of duty and interest for Qualified Privilege to apply at common law.
Statutory Qualified Privilege is governed by legislation under sch.1 of the Defamation Act 1996, which provides protection to those who publish reports of public proceedings, providing they are fair and accurate. This includes court proceedings, public meetings or proceedings involving public bodies.
How to defeat Qualified Privilege
The claimant must prove that the person making the statement acted in a malicious manner. This may include proving that the defendant was aware the statement they were making was untrue at time of its publication, or the defendant seriously doubted the truth of the statement and did not make attempts to check its verity before publication. The claimant should demonstrate that the defendant’s motive in publishing the statement was improper, and they sought to cause harm against the claimant’s reputation. Furthermore, the claimant may be asked to show that the defendant published the statement to a wider audience than was necessary in the context.
How we can help
Taylor Hampton is a firm specialising in media which has significant expertise in the field of defamation, with our solicitors representing a variety of individuals and organisations. We work efficiently to ensure that your reputation is protected and that you can defend yourself. It is vital that action is taken as soon as practicable, and therefore our solicitors work tirelessly to ensure that your reputation is secure. Contact us here for a free consultation to see how we can help.