Absolute privilege in English law
Encyclopedia
Absolute privilege is a complete defence
to an action for defamation
in English law
. If the defence of absolute privilege applies it is irrelevant that a defendant has acted with malice, knew information was false or acted solely to damage the reputation of the plaintiff
. Absolute privilege can be deployed in a narrow range of cases. Statements made in judicial proceedings are protected as are communications between a solicitor and their client. The Bill of Rights of 1689
provides that proceedings of the Parliament of the United Kingdom
are also covered by absolute privilege.
Reports of court proceedings
Sections 14(1) to (3) of the Defamation Act 1996
read:
The defence under this section is excluded by section 8(6) of the Rehabilitation of Offenders Act 1974
(as amended by subsection (4) of this section).
Section 14 replaces section 3 of the Law of Libel Amendment Act 1888 and section 8 of the Defamation Act 1952
.
Defense (legal)
In civil proceedings and criminal prosecutions under the common law, a defendant may raise a defense in an attempt to avoid criminal or civil liability...
to an action for defamation
English defamation law
Modern libel and slander laws, as implemented in many Commonwealth nations as well as in the United States and in the Republic of Ireland, are originally descended from English defamation law...
in English law
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
. If the defence of absolute privilege applies it is irrelevant that a defendant has acted with malice, knew information was false or acted solely to damage the reputation of the plaintiff
Plaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...
. Absolute privilege can be deployed in a narrow range of cases. Statements made in judicial proceedings are protected as are communications between a solicitor and their client. The Bill of Rights of 1689
Bill of Rights 1689
The Bill of Rights or the Bill of Rights 1688 is an Act of the Parliament of England.The Bill of Rights was passed by Parliament on 16 December 1689. It was a re-statement in statutory form of the Declaration of Right presented by the Convention Parliament to William and Mary in March 1689 ,...
provides that proceedings of the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
are also covered by absolute privilege.
Reports of court proceedings
Sections 14(1) to (3) of the Defamation Act 1996
Defamation Act 1996
The Defamation Act 1996 is an Act of the Parliament of the United Kingdom.-Section 14 - Reports of court proceedings absolutely privileged:See Absolute privilege in English law-Section 19 - Commencement:...
read:
The defence under this section is excluded by section 8(6) of the Rehabilitation of Offenders Act 1974
Rehabilitation of Offenders Act 1974
The Rehabilitation of Offenders Act 1974 of the UK Parliament enables some criminal convictions to be ignored after a rehabilitation period. Its purpose is that people do not have a lifelong blot on their records because of a relatively minor offence in their past. The rehabilitation period is...
(as amended by subsection (4) of this section).
Section 14 replaces section 3 of the Law of Libel Amendment Act 1888 and section 8 of the Defamation Act 1952
Defamation Act 1952
The Defamation Act 1952 is an Act of the Parliament of the United Kingdom.This Act implemented recommendations contained in the Report of the Porter Committee...
.