06 September 2019
Defamation – Absolute privilege
My client brought in an authorised tape from a tribunal hearing.
The tape contents were used to issue a letter of demand against another person who was also at the tribunal hearing. The claim was that this person had defamed our client at that hearing.
Can the tape be used as evidence?
Thank you for the question.
It does not matter whether the tape is admissible. There is an absolute privilege against defamation in court or tribunal proceedings: see s 27 of the Defamation Act 2005 and Mann v O’Neill [1997] HCA 28. A person cannot defame another by saying something in court.
Regards
Mentor
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