Legal Definitions - qualified privilege

Qualified privilege is a legal protection that shields individuals from liability for defamation (libel or slander) when they make certain statements, even if those statements turn out to be false and damaging to another person's reputation. This protection applies when the statements are made in good faith, for a legitimate purpose, and without malice.

The term "qualified" means this protection is not absolute. It can be lost if the person making the statement acts with malice (meaning they knew the statement was false or acted with reckless disregard for the truth), exceeds the scope of the legitimate purpose, or publishes the information to an inappropriate audience.

• Example 1: Employment Reference

  Imagine a former employer, when contacted by a prospective employer, truthfully states that a former employee was frequently late and had poor attendance, leading to their termination. This statement, while potentially damaging to the former employee's job prospects, is made in a context where both parties have a legitimate interest: the former employer in providing an honest assessment, and the prospective employer in receiving it.

  As long as the former employer made the statement in good faith, believing it to be true, and without intending to harm the former employee maliciously, they would likely be protected by qualified privilege. However, if the former employer *knew* the attendance record was false or exaggerated it out of spite, the privilege would be lost.

• Example 2: Internal Company Investigation

  Consider an HR manager who, during an internal investigation into alleged theft, discusses an employee's suspicious behavior with the employee's direct supervisor and a security officer. The HR manager, supervisor, and security officer all have a legitimate interest in investigating potential misconduct within the company.

  Sharing information relevant to the investigation among these parties, in good faith and without malice, would typically be covered by qualified privilege. If the HR manager, however, spread rumors about the employee to unrelated staff members or made statements they knew to be false, the privilege would not apply.

• Example 3: Professional Evaluation Report

  Suppose a psychologist writes a detailed report for a court regarding a parent's fitness for custody, including observations about the parent's emotional stability and past behavior that are critical but based on professional assessment. The psychologist has a professional duty to provide an honest and thorough evaluation to the court, which has a legitimate interest in receiving accurate information to make a custody decision.

  As long as the psychologist conducted the assessment professionally, believed their statements to be true, and did not act with malicious intent to harm the parent, their report would be protected by qualified privilege, even if some statements are damaging to the parent's reputation. If the psychologist fabricated information or exaggerated findings out of personal animosity, the privilege would be lost.