How To Prove A California Absolute Privilege Defense

 

How To Prove A California Absolute Privilege Defense

 

In California, a defense of Absolute Privilege is defined as:

Absolute privilege, in defamation law, refers to the fact that in certain circumstances, an individual is immune from liability for defamatory statements. Absolute privilege applies to statements made in certain contexts or in certain venues, such as legislative or judicial settings.

It simply means:

In some contexts, a person can say anything (or almost anything) and not be held legally liable.

There are 2 elements of the defense:

  • Element 1. A defamatory statement was made. A defamatory statement is a false remark that harms someone’s reputation, suggesting that the person has done something wrong or is untrustworthy, which can lead to legal issues if not protected by certain defenses like absolute privilege.

    Facts that might support this element look like:

    * The defendant publicly stated that the plaintiff embezzled funds from their employer during a company meeting.
    * The defendant posted on social media that the plaintiff was involved in illegal drug activities without any evidence.
    * The defendant told a group of colleagues that the plaintiff had been fired for misconduct, which was untrue.
    * The defendant sent an email to multiple parties claiming the plaintiff was under investigation for fraud, despite no such investigation existing.
    * The defendant made a false statement to a journalist, alleging that the plaintiff had a history of violent behavior.

  • Element 2. The defamatory statement was made in a legislative, judicial, or other official proceeding. Absolute privilege means that if someone makes a defamatory statement during an official setting, like a court or legislative meeting, they cannot be sued for it, as the law protects these statements to ensure open and honest communication in important public discussions.

    Facts that might support this element look like:

    * The defamatory statement was made during a public hearing held by the city council regarding proposed legislation.
    * The statement was presented as evidence during a court trial involving a dispute between two parties.
    * The remarks were made by a witness while testifying under oath in a deposition related to a civil lawsuit.
    * The statement was included in a report submitted to a government agency as part of an official investigation.
    * The defamatory comment was made during a legislative committee meeting discussing potential regulatory changes.

(See California Civil Code Section 47. A.F. Brown Elec. Contractor, Inc. v. Rhino Elec., 137 Cal.App.4th 1118, 1126, 41 Cal.Rptr.3d 1 (2006).)
If you’re in court without a lawyer and plan to assert a Defense of Absolute Privilege, it’s essential to have a strong strategy in place. Engaging in a Personal Practice of Law at Courtroom5 will help you determine what to file at each phase of your case and prepare the necessary legal documents. You’ll benefit from thorough legal research and a solid analysis of the facts to effectively support your defense.

Prove Your CA Absolute Privilege Defense

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