Defamation Defence - Privilege: Absolute Privilege

Question 1

What is privilege?

Answer 1

When the speaker can say something and be completely wrong
- This is an occasion where the law regards the right for someone to speak their mind as more important than someone else’ reputation

Question 2

What are the two types of privilege?

Answer 2

• Absolute Privilege
• Qualified Privilege

Question 3

What is absolute privilege?

Answer 3

• If a person is speaking on an occasion of absolute privilege then they can say anything about the plaintiff at all without being liable for defamation (even if they know it is false or is motivated by ill-will)

Question 4

What are some examples of absolute privilege?

Answer 4

• MPs House of Reps have absolute privilege
• Statements made in judicial proceeding for judges, lawyers and witnesses
• Communications between officers of the State eg Reports by a Minister to a subordinate official, a High Commissioner to the PM

Question 5

Why in these circumstances can someone speak with absolute privilege?

Answer 5

As in these circumstances there are ways of limiting defamation

Eg.
In the House of Reps the speaker of the house can reprimand the behaviour of the MPs

In court proceedings anyone who defames someone else risks perjury