Conditional Privileges

Other privileges do not arise as a result of the person making the communication, but rather arise from the particular occasion during which the statement was made. These privileges are known as conditional, or qualified, privileges. A defendant is not entitled to a conditional privilege without proving that the defendant meets the conditions established for the privilege. Generally, in order for a privilege to apply, the defendant must believe that a statement is true and, depending on the jurisdiction, either have reasonable grounds for believing that the statement was true or not have acted recklessly in ascertaining the truth or falsity of the statement.

Conditional privileges apply to the following types of communications:

  • A statement that is made for the protection of the publisher’s interest
  • A statement that is made for the protection of the interests of a third person
  • A statement that is made for the protection of common interest
  • A statement that is made to ensure the wellbeing of a family member
  • A statement that is made where the person making the communication believes that the public interest requires communication of the statement to a public officer or other official
  • A statement that is made by an inferior state officer who is not entitled to an absolute privilege

Inside Conditional Privileges