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Torts • Defamation
TORT#097
Legal Definition
When a statement is made in (1) the proper discharge of an official government duty, (2) a legislative proceeding, (3) a judicial proceeding, or (4) any other official proceeding authorized by law, then the statement is protected even if false or made with malice. Comments between spouses are also absolutely privileged.
Plain English Explanation
The law struggles to find a balance between "the right to say whatever you want," and "the right to not have people spread harmful lies about you." As a compromise, the law identified five types of conversations where speakers are free to say whatever they want without risk of being sued for defamation. They are:
1. Official Government Duty - The government has many immunities from different types of suits as a result of its sovereignty and need to operate as effectively as possible. For that reason, when government employees make statements while doing their job, for the purpose of doing their job, they cannot be sued for defamation.
2. Legislative Proceedings - The creation of laws is complicated enough without having to worry about lawsuits every time someone got their feelings hurt. In fact, the law supports passionate statements, discussions, arguments, and pleadings during the legislative process.
3. Judicial Proceeding - Like the legislative process, it is important that people feel like they are free to speak their mind in court. We need witnesses to feel confident in their accusations, but not opt not to come forward out of fear they may be sued for defamation.
4. Other Official Proceedings - This is sort of a catch-all for statements that are compelled during some sort of official government proceeding, meaning even outside of a courtroom, where people are forced to provide information to the government, it's more important that they be honest and open than nice about everyone they talk about.
5. Spouses - When you get home from a long day at the office and really want to rant to your spouse about how super annoying Becky was, you're free to do so.
1. Official Government Duty - The government has many immunities from different types of suits as a result of its sovereignty and need to operate as effectively as possible. For that reason, when government employees make statements while doing their job, for the purpose of doing their job, they cannot be sued for defamation.
2. Legislative Proceedings - The creation of laws is complicated enough without having to worry about lawsuits every time someone got their feelings hurt. In fact, the law supports passionate statements, discussions, arguments, and pleadings during the legislative process.
3. Judicial Proceeding - Like the legislative process, it is important that people feel like they are free to speak their mind in court. We need witnesses to feel confident in their accusations, but not opt not to come forward out of fear they may be sued for defamation.
4. Other Official Proceedings - This is sort of a catch-all for statements that are compelled during some sort of official government proceeding, meaning even outside of a courtroom, where people are forced to provide information to the government, it's more important that they be honest and open than nice about everyone they talk about.
5. Spouses - When you get home from a long day at the office and really want to rant to your spouse about how super annoying Becky was, you're free to do so.
Hypothetical
Hypo 1: Sam is a police officer. One day, when he gets home from work, he tells his wife and son that they are working on a new murder case and he's pretty sure Bob, their neighbor, is the one who did it. Bob, being super nosey, overhears this conversation and sues Sam for defamation. Result: Sam's comments to his wife were absolutely privileged, however, there is not absolute privilege for him telling his son. Moreover, this was made when he got home from work and is no longer investigating the crime, so it's not privileged under the "official government duty" scenario. Bob can bring a suit for defamation. Note that had Bob overheard these comments while Sam was interviewing witnesses, then it would be privileged.
Related Concepts
In assessing a defamation claim, what is actual malice?
In assessing a defamation claim, what must a plaintiff prove when a statement is a matter of public concern?
In assessing a defamation claim, what must a plaintiff prove when the issue is a matter of private concern?
In assessing a defamation claim, what must a plaintiff prove when they are a private person and the statement is a matter of public concern?
In assessing a defamation claim, what must a plaintiff prove when they are a public official or figure?
What is defamation?
What is libel?
What is libel per quod?
What is slander?
What is slander per se?
What may be used as defenses to a defamation claim?
When is consent a defense to defamation?
When is qualified privilege a defense to defamation?
When is truth a defense to defamation?
