.

“ABSOLUTE PRIVILEGES AS A DEFENSE IN

DEFAMATION”

ROUGH DRAFT SUBMITTED IN THE PARTIAL FULFILMENT OF THE COURSE

TITLED –

LAW OF TORTS AND CONSUMER PROTECTION

SUBMITTED TO:

Mrs. SUSHMITA SINGH

SUBMITTED BY:

NAME: ABHIGYAT CHAITANYA

COURSE: B.B.A., LL. B (Hons.)

ROLL NO: 1802

SEMESTER: 1th

CHANAKYA NATIONAL LAW UNIVERSITY, NYAYA

NAGAR, MITHAPUR, PATNA - 800001
INTRODUCTION:

Absolute privilege is a complete defence that cannot be defeated by malice. However, it is

available limited situations: where statements are made during, incidental to, and in the
processing and furtherance of judicial or quasi-judicial proceedings or where statements are
made in the proceeding of a legislative assembly. Common issues with respect to whether this
defence applies include whether the communication is truly a part of the quasi-judicial
proceeding. It is obviously not sufficient to establish that the statements were about the
proceeding. A witness talking to a non-party or reporter about his or her evidence is not
protected. The communication must be necessary for the proceeding.

In general, absolute privileges exempt persons from liability for potentially defamatory
statements made:

# during judicial proceedings

# by high government officials

# by legislature during legislative debate

# during political broadcast or speeches

# in between spouses

AIMS AND OBJECTIVES:

The researcher tends to analyze absolute privilege as a defense in defamation.

HYPOTHESIS:

The researcher tends to presume that absolute privilege exempt persons from liability for
potential defamatory statements made during judicial proceedings

RESEARCH QUESTIONS:

Q1. What is defamation? What are the defenses available in Defamation?

Q2. Privileges as a defense in Defamation. Explain.

Q3. What is Absolute Privilege defense in defamation? Explain with case studies.

Q4. Which persons are exempted from liability from potential defamatory statements by
absolute privilege?
RESEARCH METHODOLOGY:

The researcher will be relying on Doctrinal method of research to complete the project.

LIMITATIONS OF THE STUDY:

The researcher has territorial, monetary and time limitations in completing the project.

TENTATIVE CHAPTERIZATION:

1. Introduction
2. Defenses in defamation
3. Types of Privileges
4. Absolute Privileges
5. Cases on Defamation
6. Bibliography

BIBLIOGRAPHY:

1. Law of Torts by R. K. Bangia

2. Law of Torts by Ratanlal Dhirajlal
3. Manupatra
4. Lawctopus
5. Legallyindia