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.
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...