Understanding Absolute and Qualified Privileges in the Defamation Act, 2024 - Khalid Zafar & Associates

When framing a defamation law, Parliament must ensure that it protects free speech while safeguarding individual reputation. The specific privileges in the Act are designed to balance public interest with the right to a good name. The Defamation Act, 2024 recognises the following privileges:

  1. Absolute Privilege (Strongest Protection)

Absolute privilege is the broadest form of protection under defamation law. It means that in certain settings, statements cannot give rise to defamation claims, regardless of how damaging they may be. Under this Act, absolute privilege applies to:

  • Statements made in federal or provincial legislatures, including published reports, papers, and official records.
  • Judicial proceedings, including court records and any report or note forming part of them.
  • Work done “by or under the authority of the Government,” such as official reports or publications.

In simple terms, if something is spoken or written in Parliament, in court, or under government authority, it is protected from defamation suits because these forums serve vital public functions. The Defamation Act clarifies that “legislature” includes local legislatures, and “court” includes tribunals or bodies exercising judicial powers.

  1. Qualified Privilege (Conditional Protection)

Qualified privilege also offers protection, but it depends on the circumstances and the speaker’s good faith. It applies to:

  • Fair and accurate publication or broadcast of parliamentary or judicial proceedings that are open to the public.
  • Statements made to appropriate authorities for example, complaints or petitions provided they are made honestly and in good faith.

This privilege encourages transparency and accountability by allowing people to report, comment, or raise grievances responsibly without fear of defamation.