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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 QUALIFIED PRIVILEGE in New York

Communications protected by a qualified privilege do not provide the communicant with an immunity against the imposition of liability in a defamation action. A qualified privilege does, however, negate any presumption of implied malice flowing from a defamatory statement, and places the burden of proof on this issue upon the plaintiff. A communication is said to be qualifiedly privileged where it is fairly made by a person in the discharge of some public or private duty, legal or moral, or in the conduct of his own affairs, in a matter where his interest is concerned. The interest championed by the communicant, viewed as constituting a somewhat lesser degree of importance than those interests vindicated in communications afforded absolute immunity, must be expressed in a reasonable manner and for a proper purpose.

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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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