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 South Dakota. Under South Dakota law, privilege is a defense to a claim of defamation if certain criteria are met. This defense applies when a statement was made in an official capacity in the course of official proceedings, such as in court, or if the statement was made in connection with a quasi-judicial proceeding, such as an administrative hearing or similar proceeding. In addition, statements made in the context of an official investigation or inquiry, and statements made under legislative privilege may be covered by this defense. In addition, a defendant may also claim privilege if the statement was made during a legislative session. Statements made in good faith are also protected by privilege in many cases. This includes statements made in the context of a public forum, such as a news report or an opinion piece. Finally, a defendant may also claim privilege if the statement was made in a private context, such as in a conversation between two people. In these cases, the statement must have been made without malice, and the person making the statement must have been speaking with a reasonable expectation of privacy.

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

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