LEGAL PRINCIPLE: TORT LAW — Defamation — Defence of Qualified Privilege — Reciprocity of Interest Between Maker and Recipient Essential
PRINCIPLE STATEMENT
A privileged occasion exists where the maker of a communication has an interest or duty (legal, social, or moral) to make it to the recipient, and the recipient has a corresponding interest or duty to receive it. This reciprocity is essential.
RATIO DECIDENDI (SOURCE)
Per Onnoghen, JSC, in Mamman v. Salaudeen (2005) NLC-1112001(SC) at p. 16; Paras D–E (quoting Lord Atkinson in Adam v. Ward (1917) A.C. 309 at 334).
"A privileged occasion is … an occasion where the person who makes a communication has an interest or a duty, legal, social or moral, to make it to the person to whom it is made, and the person to whom it is so made has a corresponding interest or duty to receive it. This reciprocity is essential."
EXPLANATION / SCOPE
Qualified privilege requires reciprocal interest or duty between maker and recipient. Both parties must have a corresponding interest or duty. The principle applies to defamation law. The rule protects communications made in legitimate mutual interest. Absent reciprocity, privilege does not attach.