Defamation DEFENSES

Question 1

two common defenses

Answer 1

general absolute privilege

& general qualified privilege

Question 2

in what context does Absolute Privilege protect statements?

Answer 2

1) judicial proceedings (when related to it)
2) legislative proceeding
3) between SPOUSES or
4) compelled by law

Question 3

In what context does QUALIFIED PRIVILEGE protect statements?

Answer 3

1) in the public interest, when recipient has authority to protect interest;
2) in defendant’s interest, when recipient will protect that interest; OR
3) in interest of recipient or 3rd party, when defendant should disclose according to generally accepted standards of decency

Question 4

How to vitiate the Qualified Privilege—>

Answer 4

<–

1) excessive publication
2) c/l malice (bad faith) or
3) fault as to falsity (usu.neg- minority rule=actual malice)