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Ch19 Parliamentary privilege / THE PRIVILEGE OF FREEDOM OF SPEECH / Absolute and qualified privilege



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House of Representatives                                Ch 19                                                 p 712

 

Parliamentary privilege / THE PRIVILEGE OF FREEDOM OF SPEECH

 

Absolute and qualified privilege

A statement is said to be privileged if the person making it is protected from legal action. Generally, qualified privilege exists where a person is not liable to a successful action for defamation if certain conditions are fulfilled, for example, if the statement is not made with malicious intention. Absolute privilege exists where no action may lie for a statement, even, for example, if made with malice; it is not limited to action for defamation but extends also to matters such as infringement of copyright or other matters which could otherwise be punished as crimes (for example, contempt of court or breach of a secrecy provision).