7.5 Qualified Privileges

• Jurisdiction: Arizona

7.5 Qualified Privileges.

In addition to the absolute privileges identified above, Arizona courts recognize several conditional privileges. To determine whether a conditional privilege applies, Arizona courts examine whether (1) a privileged occasion arose to speak, and (2) the plaintiff can show that defendant abused the privilege.⁴⁰ The court determines whether a privileged occasion arose. The jury determines whether the speaker abused the privilege.⁴¹

Arizona recognizes the following qualified privileges: (1) statements made by one person to another who shares a common interest in a particular subject matter;⁴² (2) statements that fairly and accurately summarize public records;⁴³ (3) fair and accurate reports of public proceedings;⁴⁴ (4) a communication made in the performance of a duty, whether a “legal, moral or social” duty;⁴⁵ (5) statements made in an editorial published in the public interest;⁴⁶ (6) communications by union officials performing official duties;⁴⁷ (7) statements by an employee reporting sexual harassment to an employer;⁴⁸ (8) communications to public officials concerning the performance of official duties;⁴⁹ and (9) statements made by government officials and employees in the course of performing official duties.⁵⁰

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Notes:

^[40] Green Acres Trust v. London, 141 Ariz. 609, 616, 688 P.2d 617...