Article Summary
In this article "The Defence of Qualified Privilege"
our defamation lawyers delve into the legal
framework surrounding the defence of qualified privilege in
defamation cases, particularly under the Defamation Act 2005
(Qld).
It outlines the conditions under which this defence can be
invoked, focusing on the necessity for the recipient to have an
interest in the information, the publication to be in the course of
providing that information, and the publisher's conduct to be
reasonable.
The defence protects communications made in good faith without
malice, even if they contain false statements, provided the
publisher believed them to be true.
Key factors determining the reasonableness of the publication
include the relationship between the parties, the context of the
publication, the verification of the information, and the absence
of malice.
