Section 5.51 Qualified Privilege

• Library: Tort Law 2016

2. (§5.51) Qualified Privilege

The common law recognized several situations in which the interests of either the participants or society dictated that bona fide communications should not be hampered by fear of lawsuits. For this reason, Missouri has long recognized a qualified privilege for publications that are made in good faith about a subject matter in which the person making the communication has an interest or duty and that are made to a person having a corresponding interest or duty. See, e.g., Holmes v. Royal Fraternal Union, 121 S.W. 100 (Mo. 1909); Estes v. Lawton-Byrne-Bruner Ins. Agency Co., 437 S.W.2d 685 (Mo. App. E.D. 1969).

The common-law doctrine of qualified privilege has been applied in a variety of contexts, including the following:

· Reports by citizens of suspected criminal activities to authorities, Perdue v. Montgomery Ward & Co., 107 S.W.2d 12 (Mo. 1937); Remington v. Wal-Mart Stores, Inc., 817 S.W.2d 571 (Mo. App. S.D. 1991)

· Statements made regarding a police officer in a complaint to the Springfield Police Department, Barge v. Ransom, 30 S.W.3d 889, 890–92 (Mo. App. S.D. 2000)

· Employment references, Cash v. Empire Gas Corp., 547 S.W.2d 830 (Mo. App. E.D. 1976)

· Employment verification checks, Carter v. Willert Home Prods., Inc., 714 S.W.2d 506, 511 (Mo. banc 1986)

· A former employer’s defamatory statements made while contesting the plaintiff/ex-employee’s application for unemployment compensation, Remingt

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