Privilege Terms
A 'privilege' is a particular and peculiar benefit or advantage enjoyed by a person, company, or class beyond the common advantage of other citizens.
The word 'privilege' means that which one has a legal claim to do; legal power; authority; immunity granted by authority; the investiture with special or peculiar rights.
'Privilege' means that a person stands in such a relation to the facts of the case that he is justified in saying or writing what would be slanderous or libelous in any one else.
Law of defamation recognises the privilege as a good defence in the tort of defamation.
There are certain occasions when the law recognises that the right of free speech outweighed the plaintiffs right to reputation, the law treats such occasions to be privileged and defamatory statements made on such occasions is not actionable.
Privilege may be either absolute or qualified.
Regarding fair and accurate reports of judicial proceedings, Section 8 of the Defamation Act, 1952 (of England) provides that "A fair and accurate report in any newspaper of proceedings publicly heard before any Court exercising judicial authority shall, if published contemporaneously, with such proceedings, be privileged provided that nothing in this section shall authorise the publication of any blasphemous or indecent matter".
Such privilege is available where the communication is of such paramount importance that nothing should defeat it.