Question:

Defamation - defences?

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Does the defence of "absolute privilege" cover comments made to police officers and doctors? regarding an offence of physical and sexual assualt that cannot be proved ( no bruising or witnesses) and where the alleged victim does not want to press charges.

Oh and for the love of god! if you have no knowledge of UK law then please do not answer, I am sat in front of a legal textbook and cannot find a clear answer.

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3 ANSWERS


  1. Almost nothing in the UK is covered by absolute privilege, and allegations of sexual abuse to a police officer or medical provider are not so covered.

    They are, however, covered by a *very* high level of qualified immunity. To be actionable for defamation, it would not be enough that the accusations cannot be proved. It would not even be enough that they could have been disproved - even easily disproved - by the reporter. The reporter would be civilly liable for defamation only if the aggrieved party was able to prove that the reporter KNEW that the accusations were false, and made them with "Actual Malice".

    Richard


  2. Absolute privilege only covers Members of Parliament when they are speaking in the House of Commons.  

  3. My initial thought was that "qualified" not absolute privilege would apply but then I found a reference to a very recent Court of Appeal decision  ( July this year ) : Westcott v Westcott [2008] EWCA Civ 818; [2008] WLR (D) 241 You can see a report of the judgment at http://www.lawreports.co.uk/WLRD/2008/CA...

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