Difference Between Absolute Privilege and Qualified Privilege

I. Introduction

Defamation is a legal term that refers to any statement that harms someone’s reputation. Defamation can be a tricky issue, and it’s important to know how to defend against a claim if you are accused of it. Defamation can take many forms, including libel (written defamation) and slander (spoken defamation), and it can happen to anyone at any time.

Knowing the various defenses available is critical to mounting a successful defense against a defamation claim. In this article, we’ll provide an overview of the different defenses available to those accused of defamation, including absolute privilege, qualified privilege, truth defense, opinion defense, and more.

II. Defamation Defenses

Defenses in defamation cases can be complex and multifaceted. Here, we’ll provide an overview of some of the most common defenses used in defamation cases.

Importance of choosing the right defense

Defending against a defamation claim can be a daunting task, and it is crucial to understand the different defenses available to you. Here are some scenarios where each type of defense may be appropriate:

Choosing the right defense is critical to the outcome of a defamation case. Here are some reasons why:

• Not all defenses are available in every case. Depending on the circumstances, some defenses may not be available to you, so it’s essential to understand which defenses are available in your specific case.
• The burden of proof may vary. Depending on the defense you use, the burden of proof may shift from the plaintiff to the defendant. For example, if you claim the truth defense, the burden of proof is on you to prove the truth of the allegedly defamatory statement.
• The consequences of losing the case may vary. If you lose a defamation case, the damages awarded to the plaintiff can vary depending on the defense used. For instance, if you can claim qualified privilege, the damages may be lower than if you have no defense.

A. Absolute Privilege

Absolute privilege is a defense that is available to certain individuals who make statements as part of their official duties. This privilege is often applied to statements made by government officials, judges, and legislators. The rationale behind absolute privilege is that certain officials need to be able to speak freely without fear of being sued for defamation.

Examples of absolute privilege include:

• Statements made in court by a judge or attorney
• Statements made in the legislature by a legislator
• Statements made by law enforcement officers during an investigation

B. Qualified Privilege

Qualified privilege is a defense that is available to individuals who make statements in good faith, even if those statements later turn out to be false. This defense is often applied to statements made in the workplace, such as during performance reviews or in reference checks.

Examples of qualified privilege include:

• Statements made by a supervisor during an employee evaluation
• Statements made by an employer during a reference check
• Statements made by a journalist during an investigation

C. Truth Defense

The truth defense is a defense that is available when a statement is true. If the statement is true, it cannot be considered defamation, as defamation requires a false statement.

Examples of the truth defense include:

• A news article reporting on a criminal conviction
• An employee who reports an illegal activity by their employer

D. Opinion Defense

The opinion defense is a defense that is available when a statement is clearly an opinion and not presented as fact. Opinions cannot be considered defamation, as defamation requires a false statement of fact.

Examples of the opinion defense include:

• A movie critic giving a negative review of a film
• A political commentator expressing their opinion on a candidate

E. Statements of Fact vs. Opinion

Determining whether a statement is a statement of fact or opinion can be a key factor in determining whether a statement is defamatory. A statement of fact can be defamatory if it is false, while an opinion cannot be defamatory.

Examples of statements of fact include:

• “John Smith stole money from his employer.”
• “Sara Johnson has a history of drug abuse.”

Examples of opinions include:

• “I think John Smith is a dishonest person.”
• “In my opinion, Sara Johnson has a problem with addiction.”

F. Burden of Proof in Defamation Cases

In defamation cases, the burden of proof is on the plaintiff, who must prove that the statement in question is defamatory. This can be a challenging task, as the plaintiff must show that the statement was false, that it caused harm to their reputation, and that it was made with a degree of fault.

Conclusion

Defending against a defamation claim is no easy feat, but understanding the different defenses available to you can help increase your chances of success. Remember to choose the right defense based on the circumstances of your case, and seek the help of a qualified legal professional if needed.