Qualified Privilege

Question 1

What is qualified privilege?

Answer 1

It’s the concept that allows you report on something that would otherwise be deemed defamatory

Question 2

What 5 factors are important to remember? It must be…

Answer 2

1. fair
2. accurate
3. balanced
4. include only relevant comment (and meaningful reply with a matter of public interest)
5. be said within the meeting

Question 3

When does it apply?

Answer 3

In Parliament. 
In Courts. 
In local body meetings, including community boards. Public meetings. 
Disciplinary bodies. 
Official statements from Govt departments, 
local bodies, 
police, 
judicial disciplinary bodies. 
Coroners. 
Applies when covering council matters.

Question 4

How do you lose qualified privilege?

Answer 4

If you take “improper advantage” of the situation

Question 5

What is the rationale for qualified privilge?

Answer 5

it is so important that some things going in public life are reported on and discussed freely, that it is worth some risk to private reputation to allow it to occur. Defamation, remember, is there to protect a person’s private reputation. But sometimes the public interest is so great that it outweighs any individual’s right to protect his or her reputation. 

Question 6

List examples of hard qualified privilege

Answer 6

Courts, parliament (and it’s committees),

Question 7

How is soft qualified privilege different and list some examples

Answer 7

A fair and accurate report of one of these bodies has the same protection from defamation with two extra provisions.
First, the matter you are publishing must be one of public interest.
And second, a person who believes they have been defamed may ask you to publish a reasonable letter or statement by way of explanation or contradiction. You are not obliged to comply, but if you do not or do so in an inadequate way you will lose the protection of qualified privilege. 
There is a list of about 18 or so bodies (including their press conferences and documents) such as sport tribunals, share holders meeting, police, local body gatherings, international organisations, artistic bodies, any statement issued by the government or any local authority.

Question 8

What does it mean for Parliament to have absolute privilege?

Answer 8

That means that theoretically they can say whatever they want about people with pretty much complete impunity.
This is because it is felt that it is in the interests of democracy that MPs should be able to speak with complete freedom, without the fear of being harassed by claimants. There are two limits on that freedom.
One is that the rules of Parliament will curb anyone who abuses the privilege and the Speaker is usually pretty rigorous in seeing that those rules are followed.
In addition, if you feel you have been defamed by an MP in the House you can apply to have a correction read into the parliamentary record. 

They just have to go from the chamber to the lobby and they are no longer protected. Even if the MP outside the chamber simply says I stand by what I said in the House, that could be an adoption and repetition of the defamation outside the House and therefore actionable. Not only will the MP be liable, but also the publication that reports him or her.

Question 9

Does qualified privilege only apply if it’s in public interest?

Answer 9

Yes

Question 10

Do people in the public eye need to be more ready to accept criticism?

Answer 10

Yes, common-law qualified privilege born from court case with former PM David Lange and Joe Atkinson.