| Commentary

223 Qualified privilege

| Commentary

223 Qualified privilege

A statement made on an occasion of qualified privilege is protected so long as the person making it is not motivated by malice.

Statements made where there is a moral, social or legal duty in communicating the information with a corresponding interest from the recipient of the information1 will be protected by qualified privilege. Examples of shared duty and interest include character references by ex-employers2, the reporting of suspected crimes to the police, complaints about those with public authority or responsibility and credit assessments provided by banks. In the case of mass publication, the material must be on

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