The word `privilege’ means the existence of a set of circumstances in which the presumption of malice was negatived. `Instead of the expression `privileged communication’ it would be more correct to say that the communication was made on an occasion which rebutted the presumption of malice.’
The plaintiff was master of a ‘national school ‘ in the parish of C, of which the defendant wwa rector, and also one of the managers of the school The defendant requested the plaintiff to teach a Sunday school iri connexion with the national school, which he declined, on account of the increased Labour, and was in consequence dismissed The plaintiff being about to set up a school on his own account in the same parish, the defendant wrote, and distributed in that and the adjoining parish a pastoral letter, in which he denounced the plaintiff ‘s conduct as unchristian-like, and warned his parishioners against affording ariy countenance to the projected school, either by subscriptions or by sending their children to it. The Judge at the trial having ruled that this letter was a privileged communication, and that, there being no evidence of express malice, the defendanit was entitled to a verdict :- Held, in the Exchequer Chamber, on a bill of exceptions to the above ruling, that the communicatiori was not privileged, and that there was evidence for the jury of express malice ; also, that in determining the question of malice the jury might look at the libel itself.
Citations:
(1854) 9 Exch 615, [1854] EngR 231, (1854) 156 ER 263
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Blackshaw v Lord CA 1984
Claim to privilege must be precisely focused
The Daily Telegraph carried an article headed ‘Incompetence at ministry cost pounds 52 million’ recording that a number of senior civil servants had been reprimanded after investigation by the Public Accounts Committee. The plaintiff had been in . .
Cited – Loutchansky v Times Newspapers Limited (No 2) CA 12-Mar-2001
The defendants appealed against a refusal to allow them to amend their pleadings. They wished to include allegations as to matters which were unknown to the journalist at the time of publication.
Held: It is necessary for the defendants to . .
Lists of cited by and citing cases may be incomplete.
Defamation
Updated: 30 April 2022; Ref: scu.198165