§ 6.4.5.3 ABSOLUTE PRIVILEGE

• Jurisdiction: Arizona

§ 6.4.5.3 Absolute Privilege. An absolute privilege is also recognized in defamation law. If the circumstances of the publication are absolutely privileged, then no defamation suit can proceed. Although there is a large body of law dealing with absolute privileges, most will have little relevance to employment law.¹²¹ Absolute privileges exist for participants in judicial proceedings,¹²² arbitrations¹²³ and legislative proceedings.¹²⁴ In Arizona, absolute privileges have been applied to statements made during town council meetings,¹²⁵ complaints to the State Bar,¹²⁶ statements made to the police,¹²⁷ and statements filed with the Commission on Judicial Qualifications.¹²⁸ Statements made to public boards or by board members may or may not be subject to an absolute privilege, depending on the wording of the statute creating the board.¹²⁹ Under the Communications Decency Act¹³⁰, website operators are absolutely immune for statements posted by others on their websites.¹³¹

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Notes:

^[121] See Rehberg v. Paulk, 566 U.S. 356 (2012) (listing examples of absolute privilege recognized in federal law).

^[122] See Restatement (Second) of Torts §§ 585–589 (providing an absolute privilege for judges, attorneys, parties, witnesses, and jurors in judicial proceedings); see also Linder v. Brown & Herrick, 189 Ariz. 398, 943 P.2d 758 (1997) (court affirmed the dismissal of a suit brought against opposing counsel on the basis of absolute privilege, and also affirmed Rule 11 sanctions against the counsel who brought the suit). But see Ritchie v. Krasner, 221 Ariz. 288, 211 P.3d 1272 (App. 2009) (court declined to...