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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 what are called "privileges" to defamation. Where a valid privilege applies, a defendant is not liable for defamation, even if his conduct meets every element of the tort, as we've discussed already.

I. Privileges

There are two basic kinds of privileges to defamation: qualified and absolute.

A. Qualified Privilege

A "qualified" privilege only immunizes a defendant from liability for defamation if...