Absolute Privilege

What Is Absolute Privilege in Tort Law?

Quick Definition

Absolute privilege is a complete defence in defamation cases, protecting certain statements from legal action regardless of their truth or intent. This privilege applies to specific situations where open and honest communication is deemed essential, such as in parliamentary proceedings or judicial settings.

In Context

Absolute privilege is crucial in contexts where freedom of expression is paramount, allowing individuals to speak freely without fear of defamation claims. For example, statements made by MPs during parliamentary debates are protected by absolute privilege, ensuring robust and uninhibited discussion. Similarly, statements made by judges, lawyers, and witnesses in court are covered, promoting the administration of justice. The case of Chatterton v. Secretary of State for India (1895) illustrates the application of absolute privilege in parliamentary proceedings.

See Also

• Qualified Privilege

• Defamation

• Malice

Learn More

To explore more about absolute privilege and other defamation defences, check out our Tort Law Notes for comprehensive case law, examples, and revision tips.