Defence Of Absolute Privilege In Defamation

Article Summary

In this article, our defamation lawyers provide a comprehensive guide to the defence of absolute privilege in Australian defamation law, explaining its purpose, scope, and strict limitations.

The defence of absolute privilege protects statements made in judicial, quasi-judicial, and parliamentary proceedings, even if they are false or malicious, because unrestricted communication is essential to the administration of justice and democratic governance.

Drawing on leading authorities, the article outlines when the defence applies, why courts treat it cautiously, and how it operates in modern legal settings.

The article also examines emerging issues such as social media republication, the rise of hybrid tribunals, and the risk of misuse of privilege, before turning to practical guidance for lawyers, litigants, and witnesses.