Legal Definitions - official privilege

Official privilege refers to a legal protection that shields certain individuals from civil liability, such as for defamation, for statements made or actions taken in the course of their official duties. This privilege applies when the statements or actions are relevant to their responsibilities and are made in good faith, meaning without malicious intent. It recognizes that certain public functions require individuals to speak freely or act decisively without constant fear of being sued, as long as they are acting within the scope of their legitimate authority.

Here are some examples illustrating official privilege:

• Example 1: A City Council Member's Statement

  During a public city council meeting, a council member states that a particular construction company, currently bidding on a city project, has a history of significant delays and cost overruns on previous municipal contracts in other towns. If the construction company were to sue the council member for defamation, claiming the statement damaged their reputation, the council member would likely be protected by official privilege. This is because the statement was made during an official proceeding, was relevant to their duty to oversee public spending and ensure responsible contractors, and was made in their capacity as an elected official.

• Example 2: A Judge's Comments During a Hearing

  In a courtroom, a judge presiding over a contentious divorce case makes a comment from the bench, criticizing one party's legal strategy as "frivolous and a waste of court resources." Even if the party feels personally insulted and believes the comment harmed their professional standing, the judge is protected by official privilege. The judge's statements made during a judicial proceeding, related to the conduct of the case and the efficient administration of justice, fall under this protection, preventing them from being sued for defamation based on those remarks.

• Example 3: A Police Officer's Incident Report

  A police officer investigates a reported theft and, based on witness statements and evidence collected, writes an official incident report detailing a suspect's alleged involvement in the crime. The report includes information that could be damaging to the suspect's reputation. If the suspect later claims the report contains false information and sues the officer for defamation, the officer would likely invoke official privilege. The report was created as part of the officer's official duties in law enforcement, was relevant to the investigation, and was submitted through proper channels, thus granting protection from civil liability for statements made within that official capacity.