Asked by Nicholas Boren on May 09, 2024
Verified
Explain the difference between qualified and absolute privilege.
Qualified Privilege
A legal exemption allowing individuals to make certain statements without fear of defamation liability in specific circumstances where it is deemed necessary to communicate the information.
Absolute Privilege
An immunity granted in certain circumstances where a person cannot be sued for defamation, usually in parliamentary or judicial proceedings.
- Grasp the judicial principles and defensive positions entailed by defamation legislation.
- Acquire knowledge on the aspects and employment of qualified and absolute privilege defenses in defamation legal actions.
Verified Answer
YL
Yelisa LeivaMay 15, 2024
Final Answer :
Where absolute privilege is involved, it doesn't matter what the motivation, whether the person knew what he was saying was False, or how damaging the statement is. It is absolutely privileged and no defamation action can succeed. With qualified privilege, however, that privilege can be lost if it can be demonstrated that there was an ulterior motive for making the statement, that the statement was published too broadly, or that the person who made it did not believe in what they were saying.
Learning Objectives
- Grasp the judicial principles and defensive positions entailed by defamation legislation.
- Acquire knowledge on the aspects and employment of qualified and absolute privilege defenses in defamation legal actions.