12.7.3 Defense of Privilege.

• Jurisdiction: Arizona

12.7.3 Defense of Privilege. There are two classes of privileges, “absolute” and “qualified.”¹³⁰ The absolute privileges created by law are based upon the recognition that certain persons, because of their special position or status, should be as free as possible from fear that their actions in that position might have an adverse effect upon their own personal interest.¹³¹ Qualified privileges are limited to particular occasions requiring the exchange of information reasonably thought to be true.¹³² As to absolute privilege, “[t]he defense is absolute in that the speaker’s motive, purpose or reasonableness in uttering a false statement does not affect the defense.”¹³³ The qualified privilege, however, does not provide an absolute defense.¹³⁴

In general, Arizona law establishes a two-part analysis for determining whether a qualified privilege exists. The court must first determine whether a privileged occasion arose, and, if so, whether the occasion for the privilege was abused.¹³⁵ Whether a privileged occasion arose...