Qualified privilege is usually used in cases where the person communicating the statement has a duty or interest to make the statement. The person making the statement must show that he or she has made the statement in good faith, believing it to be true and that the statement was made without malice.

Under what circumstances qualified privilege is available?

In general, qualified privilege arises when it is made in the performance of a social, moral, or legal duty in which there is a common, or reciprocal, interest between the parties making and receiving the statement.

Where does qualified privilege apply?

Qualified privilege covers statements made fairly in situations in which there is a legal or moral obligation to give the information and the person to whom it is given has a corresponding duty or interest to receive it (Watt v Longsdon [1930] 1 KB 130) and when someone is acting in defence of his own property or ...