PRIVILEGES

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Certain individuals are protected under the law from defamation actions. This is commonly called a privilege or immunity. This privilege can be raised as a defense and, if proved, will result in the case being dismissed.

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Whether a statement is privileged depends on several things. First, the conditions under which the statement was made may have been privileged. An example of a statement like this would be a client’s statement to his or her attorney or clergy.

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Members of Congress and state legislators are protected by a privilege against defamation for any comment made while the legislature is in session.

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Some privileges are absolute. Any defamatory statement made under specified circumstances can never be the basis of a defamation action. Again, an example is a communication between an attorney and client.

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Other privileges are qualified. This kind of privilege protects the Defendant from a defamation action as long as the Defendant does not use the privilege as a ruse, or abuse the privilege. Employers, for example, have qualified immunity to make certain types of statements. If the employer is legally obligated to make a statement, such as in an accident report, an action in defamation will not be permitted.

Defenses to Defamation