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Absolute privilege in English law
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Absolute privilege in English law

Absolute privilege is a complete defence to an action for defamation in English law. If the defence of absolute privilege applies it is irrelevant that a defendant has acted with malice, knew information was false or acted solely to damage the reputation of the plaintiff.[1] Absolute privilege can be deployed in a narrow range of cases. Statements made in judicial proceedings are protected as are communications between a solicitor and their client. The Bill of Rights of 1689 provides that proceedings of the Parliament of the United Kingdom are also covered by absolute privilege.

Reports of court proceedings

Sections 14(1) to (3) of the Defamation Act 1996 read:

The defence under this section is excluded by section 8(6) of the Rehabilitation of Offenders Act 1974 (as amended by subsection (4) of this section).

Section 14 replaces section 3 of the Law of Libel Amendment Act 1888 and section 8 of the Defamation Act 1952.

See also

References






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