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

Yes, a person is allowed to use the defense of privilege in a defamation claim in California. This defense essentially states that the person who made the statement had certain "privileges" to make it without the fear of being sued for defamation. These privileges include: • Statements made by a party to a court proceeding or a witness testifying in court • Statements made in a publication, broadcast, or other distribution to the public • Statements made in the course of a legislative or other governmental proceeding or investigation • Statements made in a private communication between two or more persons who have a common interest In order to use the defense of privilege, the statement must have been made with good faith and without malice. Additionally, the statement must have been made with the belief that it was true and necessary to protect the interests of the speaker or to advance the public’s interest. Furthermore, the speaker must have acted in an honest and reasonable manner. If the statement is found to be privileged, then the court will dismiss the defamation claim.

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

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