Absolute Privilege
1. The defendant can avail the defence of absolute privilege, even though he made the false and defamatory statement deliberately and with malice.
2. Absolute privilege can be used as a defence in the Parliamentary, judicial, naval, military or State proceedings.
3. Certain occasions and their nature are prefixed, enabling to grant the absolute privilege. Once the nature and occasions are decided, every statement made in such occasion and nature, is protected under absolute privilege.
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ADVERTISEMENTS:
4. “Salus populi est suprema” is considered more in granting the absolute privilege.
5. A speech of a Member of Parliament in the Parlimamentary proceedings is protected by absolute privilege.
Qualified Privilege
1. The defendant can avail the defence of qualified privilege, even though he made the false and defamatory statement deliberately, but without malice.
ADVERTISEMENTS:
2. Qualified privilege can be used as a defence in the communications made (a) in the course of legal, social or moral duty, (b) for self- protection, (c) for protection of common interest, (d) for public good; (2) reports of Parliamentary and judicial proceedings; and (3) proceedings at public meetings.
3. In qualified privilege, no such occasion or nature are pre-fixed. In this the defendant does not prove privilege until he has shown how that occasion was used.
4. “Salus populi est suprema” is considered in relation to personal relations, duties, interests, etc., while allowing qualified privilege.
5. A speech given by a Member of Parliament in a public meeting is not covered under absolute privilege. However, if the Member of Parliament can prove the nature and occasion; he can avail the defence of qualified privilege.