Compare and contrast absolute privilege and qualified privilege. Give an example for each.

Question

What will be an ideal response?

Answer 1

The concept of absolute privilege allows officials to speak out as a part of their job without fear of libel concerns. Qualified privilege allows journalists to report the statements of officials in their publications without fear of libel. Both types of privilege provide protection against libel. However, absolute privilege provides total protection for officials speaking in their official capacity. On the other hand, qualified privilege only gives libel protection to reporters when they give statements from an identified official. If the reporter fails to prove the quote comes from an official by citing the source, then the reporter is open to a libel suit. Also, a reporter cannot quote people who are not officials and receive protection from libel suits.
For example, because of absolute privilege, the chief of a fire department can claim, without fear of committing libel, that a chain of clothing stories fails to meet fire standards. Also, because of qualified privilege, a journalist can include the chief's statement in an article and not fear a libel suit if the journalist cites the source.