Is a person allowed to use the defense of privilege in a defamation claim?

Yes, people are allowed to use the defense of privilege in a defamation claim in Arkansas. This means that they are protected from being sued for defamation if they can prove that the communication they made was done for a special purpose that was considered socially important. In Arkansas, there are two different types of privilege; qualified privilege and absolute privilege. Qualified privilege allows people to make statements in certain situations, such as in court hearings or when they are providing an official report. Absolute privilege allows for people to make statements without any liability and is usually reserved for government officials and politicians. In Arkansas, qualified privilege applies if the person making the statement is doing so with good faith and a sense of duty. For example, a witness testifying in court about a crime they witnessed would be protected by qualified privilege. Absolute privilege applies to those who are in positions of governmental, political, judicial, or diplomatic authority. These people may make statements without fear of being sued for defamation. Overall, individuals in Arkansas can use the defense of privilege in a defamation claim if they meet the requirements for absolute or qualified privilege. It is important to note that this defense is only allowed in certain circumstances and that it is not a blanket protection from defamation claims.

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