A more in-depth look at privilege

A privileged occasion exists where there is the right, duty, or interest in publishing certain defamatory content, and the person to whom it is published has a corresponding right, duty, or interest to learn of such assertions. As established in my previous article Defamation and its defences, privileged occasion is a defence against the element of wrongfulness, which is rebuttably presumed in defamation claims. This defence does have its limitations however as it falls away if the plaintiff in the action can prove that defendant exceeded the bounds of the justification of privilege. It is thus important to understand the different categories of privilege, and where the bounds lie. Privileged occasion can be divided into two categories: absolute privilege and relative privilege.

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