Qualified privilege
Encyclopedia
The defense of qualified privilege permits persons in positions of authority
Authority
The word Authority is derived mainly from the Latin word auctoritas, meaning invention, advice, opinion, influence, or command. In English, the word 'authority' can be used to mean power given by the state or by academic knowledge of an area .-Authority in Philosophy:In...

 or trust to make statements or relay or report statements that would be considered slander and libel
Slander and libel
Defamation—also called calumny, vilification, traducement, slander , and libel —is the communication of a statement that makes a claim, expressly stated or implied to be factual, that may give an individual, business, product, group, government, or nation a negative image...

 if made by anyone else. In New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...

 and Ontario
Ontario
Ontario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa....

, for instance, cases of political libel
Political libel
The criminal statutes protecting nobility from criticism in 16th and 17th century England eventually evolved into various categories of political libel . Cases of political libel and eventually damages actions were handled by the infamous Star Chamber until its abolition in 1641...

 are inhibited by permitting open discussion of an allegation or rumour, if conducted responsibly and with due care for the privacy
Privacy
Privacy is the ability of an individual or group to seclude themselves or information about themselves and thereby reveal themselves selectively...

 of the person whose reputation would be affected. This privilege generally doesn't extend to repetition of discredited statements, malice
Malice
Malice may refer to:* Malice , a legal term describing the intent to harm* Jerry Tuite , American professional wrestler also known by the ring name Malice-Entertainment:...

, or comments made out of process or out of order in the organization or institution in which the position of authority is held.

The defense has become very important in the UK, especially after a case involving allegations made by the Sunday Times against the Irish Taoiseach Albert Reynolds
Albert Reynolds
Albert Reynolds , served as Taoiseach of Ireland, serving one term in office from 1992 until 1994. He has been nominated for the Nobel Peace Prize...

. During that case the judge outlined a ten point test of 'responsible journalism'. If reporters and editors followed these points, the judge said, they would enjoy a degree of protection from libel action, even if they could not prove factual allegations.

To qualify for this defence, a report must be one of a public meeting/press conference that's:
  • Fair
  • Accurate
  • Published without malice
    Malice
    Malice may refer to:* Malice , a legal term describing the intent to harm* Jerry Tuite , American professional wrestler also known by the ring name Malice-Entertainment:...

  • Subject to the right of reply in the form of a letter that gives explanation or contradiction
  • It need not be contemporaneous (depending on publication), where it has to be for absolute privilege
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