Privileges and Defenses to Defamation

Privileges and Defenses to Defamation

Discover the qualified privileges, absolute privileges, and other defenses that will allow a defendant to avoid liability for defamation.


Now that we've gone through the elements of a prima facie case for defamation, let's talk about privileges and defenses to defamation.

If a valid privilege applies, the defendant is not liable for defamation, even if the defendant’s conduct meets every element of the tort as discussed previously.

I. Privileges

There are two basic kinds of privileges to defamation.

A. Qualified Privilege

The first kind is a qualified privilege, which only immunizes a defendant from liability for defamation...