Section 5.50 Absolute Privilege

• Library: Tort Law 2016

1. (§5.50) Absolute Privilege

Certain statements, although otherwise defamatory, may be absolutely privileged. See RESTATEMENT (SECOND) OF TORTS ch. 25, Topic 2, Title B, §§ 585–592A, pp. 244–58 (1977). If a publication is subject to an absolute privilege, it is not actionable as a matter of law, irrespective of fault. See, e.g., Henry v. Halliburton, 690 S.W.2d 775, 781 (Mo. banc 1985). Thus, even the presence of actual malice does not destroy an absolute privilege. Id. The rule of "absolute privilege" is founded on the principle that, on certain occasions, it is indispensable to the public interest that persons should speak freely and fearlessly. Laun v. Union Elec. Co. of Mo., 166 S.W.2d 1065 (Mo. 1942). This is a very limited doctrine.

Statements made by participants in judicial, quasi-judicial (e.g., administrative hearings), and legislative proceedings are absolutely privileged. See:

· Pulliam v. Bond, 406 S.W.2d 635 (Mo. 1966)

· Remington v. Wal-Mart Stores, Inc., 817

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