qualified privilege
On certain occasions the law allows a person to make defamatory statements because the speaker has a legal, social or moral duty or interest in making them and the recipient has a corresponding duty or interest in receiving them. Examples include a reference about a former employee, a complaint to the proper authority, and fair reports of public proceedings.
Unlike absolute privilege, which protects statements in Parliament or in judicial proceedings even if malicious, qualified privilege is lost if the claimant proves express malice or that the statement went beyond the occasion. In Indian criminal law, the Exceptions to the defamation offence cover similar situations, such as accusations in good faith to persons in authority.
Example
The manager's confidential letter to the police about suspected theft by an employee was protected by qualified privilege, as no malice was shown.
In Indian law
- s.356 BNS (old s.499 IPC): defamation and its Exceptions
See also
absolute privilege · defamation · fair comment · justification
Read more in the study notes
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- Negotiation, endorsement, assignment and presentment (Banking Law)
- Dishonour, noting and protest, acceptance for honour, material alteration, special rules of evidence and bills in sets (Banking Law)
- Default and recovery: Debts Recovery Tribunals and the SARFAESI Act (Banking Law)
- Transfer of criminal cases (Bharatiya Nagarik Suraksha Sanhita)