Legal Definitions - qualified privilege

Qualified privilege is a legal right that grants someone the freedom to do or not to do a given act, immunizing conduct that would otherwise subject the actor to liability. It is an intermediate case between total absence of privilege and the presence of absolute privilege. Unlike absolute privilege, qualified privilege only immunizes an actor from suit when the privilege is properly exercised in the performance of a legal or moral duty.

Examples of qualified privilege include:

• Courtroom privilege: Protects any statement made in the course of and with reference to a judicial proceeding by any judge, juror, party, witness, or advocate.
• Legislative privilege: Protects any statement made in a legislature by one of its members, and any paper published as part of legislative business.
• Litigation privilege: Protects attorneys and parties in a lawsuit from defamation claims arising from statements made in the course of the suit.

These examples illustrate how qualified privilege can protect individuals from liability when they are performing their legal or moral duties in certain contexts, such as in a courtroom or legislative setting. However, the privilege is not absolute and can be overcome if the individual's conduct is found to be wrongful or improper.