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 North Carolina. The North Carolina Supreme Court has established that the defense of qualified privilege applies in cases of defamation. Qualified privilege is a defense that protects someone from liability if they are sharing certain kinds of information in certain circumstances. Generally, in North Carolina, the qualified privilege defense applies when someone is sharing information that they have an obligation or duty to share, even if the information is false. For example, an employer is allowed to make statements about a former employee to a potential employer that are false but privileged because it is part of the employee’s job duties to provide accurate information about past employees. The qualified privilege defense also applies to statements made in a judicial or legislative proceeding, or in a publication that is of public concern. When this occurs, truth is an absolute defense against liability. However, if the person making the statement acts with actual malice or indifference, the qualified privilege defense may not apply. In summary, North Carolina allows a person to use the defense of qualified privilege in a defamation claim. However, in order to successfully use this defense, the person must prove that the statement was made in either a judicial or legislative proceeding, or in a publication of public concern, and that they acted without actual malice or indifference.

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

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