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 Minnesota. Generally speaking, a person is entitled to a qualified privilege under Minnesota law, which may provide a defense in a defamation claim. Qualified privilege means that a person has a privilege to speech made in the course of certain communicative activities, particularly when there is a duty to communicate. For example, statements made in the course of a judicial, legislative, or administrative proceeding, or reports made in an official capacity, such as in a newspaper or other media, may be protected by this defense. Generally, the person making the statement must have good faith and a duty to communicate the information for the defense to apply. Additionally, common law privilege may also provide protection from liability in a defamation claim when the communication is made in situations where there is a public interest and necessity for it. For instance, if the communication is made in the course of certain professional relationships, like between doctors or between lawyers and clients, then the common law privilege may apply. In summary, a person is allowed to use the defense of privilege in a defamation claim in Minnesota. Qualified privilege and common law privilege can both be used to defend against such claims.

Related FAQs

What is the difference between public and private figures in a defamation claim?
Is a plaintiff required to show actual damages in a defamation case?
Is an Internet service provider held liable for defamatory content published on its network?
How does a person prove that the defendant was negligent in publishing false and defamatory statements?
How do defamation laws vary from state to state?
Does a person have to prove intent in a defamation lawsuit?
Does a plaintiff have to prove intent in a slander case?
What is the burden of proof in a defamation case?
What is an example of a statement that could be considered defamatory?
What is considered a “public harm” that can give rise to a defamation claim?

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

Related FAQs

Related Blog Posts