It used to be that statements made before private bodies were not absolutely privileged under Civil Code section 47(b). This meant that statements made at a judicial commission at a private medical society were not absolutely privileged, for example. Noting a gap in the law, the California legislature made it such that statements made "in the initiation or course of … [Read more...] about Defamation Defense: Other Proceedings
Archives for October 2009
Defamation Defense: Legislative Proceedings
Continuing on in our series on the defenses to a cause of action for defamation relates to statements made in a legislative proceeding. Like statements made in judicial proceedings, statements which are made in legislative proceedings are absolutely privileged pursuant to Civil Code section 47(b). This defense applies to statements made by participants in state and local … [Read more...] about Defamation Defense: Legislative Proceedings
Defamation Defense: Judicial Proceedings
Continuing in our series on defamation defenses, today we're going to cover the defense of statements made in a judicial proceeding, also known as the litigation privilege. A publication made in a judicial or quasi-judicial proceeding is absolutely privileged. Civil Code § 47(b). This means that you cannot prevail in a libel or slander case if the statements … [Read more...] about Defamation Defense: Judicial Proceedings