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Qualified Privilege

This defence is available on occasions where facts of public interest should be freely known. Qualified privilege is as strong a defence as absolute provided the report is fair and accurate and published without malice. An example of such an occasion is a council meeting. The meeting can be reported on under qualified privilege, but anything outside of the proceedings is not covered. The law specifies in some cases that a report must be subject to explanation or contradiction. This means an opposing letter or article must be published.

Below is the schedule to the Defamation Act 1996 for statements enjoying qualified privilege:

Part 1:

Statements Privileged Without Explanation Or Contradiction

Part 2:

Statements Privileged Subject To Explanation Or Contradiction