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Defamation Cases, Defense and Litigation
  • Welcome
  • Have You Been A Victim of Defamation?
    • STATUTE OF LIMITATIONS IN NEW YORK
    • DEFAMATION DEFINED & HOW IT IS INTERPRETED UNDER THE LAW
    • DEFAMATION PER SE
    • FALSE FACTS
    • MIXED OPINION
    • SLANDER IN NEW YORK
  • Understanding How Defamation Works in New York
    • Understanding LIBEL in New York
    • Understanding TRUTH in this type of case
    • Understanding PRIVILEGE & ABSOLUTE PRIVILEGE
    • Understanding QUALIFIED PRIVILEGE in New York
    • Understanding PURE OPINION in these types of cases.
    • Understanding TRADE LIBEL in New York
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UNDERSTANDING THE DIFFERENCES OF THE THE LEGAL RIGHTS OF BEING DEFAMED

Understanding PRIVILEGE

Public policy mandates that certain communications, although defamatory, cannot serve as the basis for the imposition of liability in a defamation action, and communications falling within this category are deemed privileged, either absolutely or qualifiedly.

Understanding ABSOLUTE PRIVILEGE

Communications afforded an absolute privilege are perhaps more appropriately thought of as cloaked with an immunity, rather than a privilege, against the imposition of liability in a defamation action. This immunity, which protects communications irrespective of the communicant’s motives, has been stringently applied. In general, its protective shield has been granted only to those individuals participating in a public function, such as:

  • judicial proceedings;
  • legislative proceedings; or
  • executive proceedings.

The absolute protection afforded such individuals is designed to ensure that their own personal interests – especially fear of a civil action, whether successful or otherwise – do not have an adverse impact upon the discharge of their public function.

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Pascale Law
1565 Franklin Avenue, 3rd Floor
Mineola, New York 1150

(516) 280-4716

 

Use of this website does not create an attorney/client relationship. The information contained herein is in the form of legal education and is intended to provide general information, it is not meant to be, nor is it, legal advice.

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