How To Prove A California Qualified Privilege – Immunity Defense

In California, a defense of Qualified Privilege – Immunity is defined as:
A person is immune from liability or responsibility (has a qualified privilege) if an allegedly defamatory statement was made without malice.
It simply means:
A person making an otherwise defamatory statement is not liable for damages if they meant no harm.
There are 3 elements of the defense:
- Element 1. A publication or broadcast communication. A publication or broadcast communication refers to any shared information, like news articles or TV reports, that can be protected by law under Qualified Privilege, meaning the person sharing it is shielded from legal consequences if the information is accurate and made without malicious intent.
Facts that might support this element look like:
* The publication was made in a public forum, allowing for open discussion and debate on the topic.
* The communication was based on verified information from a credible source, ensuring accuracy and reliability.
* The statement was made without malice and with the intent to inform the public about a matter of public interest.
* The broadcast included disclaimers indicating that the information was subject to verification and further investigation.
* The publication was shared with a limited audience who had a legitimate interest in the subject matter discussed. - Element 2. The communication was made without malice. The communication was shared honestly and without any intention to harm or slander someone, which helps protect the speaker from legal consequences under the Qualified Privilege defense.
Facts that might support this element look like:
* The communication was made in good faith based on information received from a reliable source.
* The speaker had no prior history of animosity or conflict with the recipient of the communication.
* The content of the communication was factual and supported by evidence available at the time.
* The speaker sought to inform rather than harm, aiming to protect the interests of others.
* The communication was made in a professional context, adhering to established protocols and standards. - Element 3. The communication was made to a person interested in that communication OR it was requested by the person interested in giving the information OR it was requested by the person interested to give the information. Qualified privilege means that a communication is protected by law if it was shared with someone who wanted to hear it, if the person sharing it was asked for the information, or if the person receiving it requested to give the information.
Facts that might support this element look like:
* The communication was made during a scheduled meeting where both parties had a vested interest in the subject matter discussed.
* The recipient of the communication explicitly requested the information to make an informed decision regarding a mutual business interest.
* The information was shared in response to a formal inquiry from the interested party, demonstrating their need for the details provided.
* The communication occurred in a professional context where both parties were engaged in a collaborative project, necessitating open dialogue.
* The sender and recipient had an established relationship that included prior discussions on the same topic, indicating mutual interest in the communication.
(See Brewer v. Second Baptist Church, 32 Cal. 2d 791 – Cal: Supreme Court 1948 Taus v. Loftus, 151 P. 3d 1185 – Cal: Supreme Court 2007 California Civil Code ‚Äì CIV ¬ß 47(c). Hagberg v. California Federal Bank FSB, 81 P. 3d 244 – Cal: Supreme Court 2004.)
If you’re representing yourself in court and plan to assert a Defense of Qualified Privilege – Immunity, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. Our platform provides the resources and guidance you need to navigate this complex process effectively.
Prove Your CA Qualified Privilege – Immunity Defense
U.S. Civil Cases Only