LEGAL PRINCIPLE: TORT LAW — Defamation — Defence of Qualified Privilege — When Available; Displacement by Express Malice
PRINCIPLE STATEMENT
An action lies for malicious publication of false statements injurious to character, unless fairly made in discharge of a public or private duty, or in conduct of one's own affairs where interest is concerned. Such occasion prevents inference of malice and affords qualified defence depending on absence of actual malice.
RATIO DECIDENDI (SOURCE)
Per Onnoghen, JSC, in Mamman v. Salaudeen (2005) NLC-1112001(SC) at p. 16; Paras A–C (quoting Parke, B. in Toogood v. Spyring (1834) 1 CM and R 181 at 193).
"In general an action lies for the malicious publication of statements which are false in fact, and injurious to the character of another and the law considers such publication as malicious, unless it is fairly made by a person in the discharge of some public or private duty whether legal or moral, or in the conduct of his own affairs, in matters where his interest is concerned. In such case the occasion prevents the inference of malice which, the law draws from unauthorized communications, and affords qualified defence depending on the absence of actual malice. If fairly warranted by any reasonable occasion or exigency, and honestly made, such communications are protected for the common convenience and welfare of society."
EXPLANATION / SCOPE
Qualified privilege applies when publication is made in discharge of duty or protection of interest. The occasion prevents inference of malice. The defence is defeated by proof of actual malice. The principle applies to defamation law.