Question

Under what circumstances qualified privilege is available?

Answer 1

Privilege is a special legal right or immunity that is granted to a person. Qualified privilege refers to protection from the penalty of a lawsuit for acts that are committed in the performance of a legal duty.

Qualified privilege is usually used when a person communicating the statement has a legal, social, or moral duty to make it. The person must prove that the statement has been made in good faith without the intention to mislead. Other scenarios when qualified privilege is used are:

• Proceedings of regulatory agencies, legislative sessions, and governmental bodies.
• Fair criticism in a review
• Statements that have been made in self-defence or to warn or protect others from harm or danger.