Torts: Defamation: Defenses: Privileges: Absolute Privilege

Absolute privileges: identity or status of the speaker:
  • Spousal privileges. If a husband says something to his wife that defames a 3rd person, he is privileged, and can’t be held liable for defamation.
  • Officers of the 3 branches of government acting within their capacity are given immunity.
    • Within judicial branch: extends to judges, attorneys, witnesses. Statements made in open court cannot be the subject of subsequent defamation claim.