ABSOLUTE PRIVILEGE Meaning and
Definition
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Absolute privilege refers to a legal doctrine that provides a high degree of protection to individuals when making statements in certain contexts by granting them immunity from liability for defamation. This privilege is considered absolute because it offers complete protection, regardless of the motive behind the statement or its potential falsehood or harm caused.
In legal terms, absolute privilege is typically applied to statements made during official proceedings, such as those made during legislative debates, court proceedings, or government hearings. It ensures that individuals involved in these contexts can freely express their opinions, share facts relevant to the proceedings, or make statements without fear of being sued for defamation, even if their statements are damaging, false, or uttered with malicious intent.
This privilege is considered vital for the functioning of democracy, as it encourages open and honest discussions within important forums, allowing participants to freely express their views without the fear of legal consequences. It safeguards freedom of speech, enabling individuals to voice their opinions and contribute to shaping public discussions and decision-making processes.
However, it is important to note that this absolute privilege only applies to specific contexts defined by law, and it is not extended to statements made in private conversations, outside the designated settings for absolute privilege, or in situations where the statements are unrelated to the ongoing proceedings.
Etymology of ABSOLUTE PRIVILEGE
The word "absolute" stems from the Latin word "absolutus", which means "loosened" or "released". In Medieval Latin, it also took on the sense of "independent" or "not relative". The term "privilege" comes from the Latin word "privilegium", which denotes a law or right that is granted to an individual or group.
When combined, "absolute privilege" refers to an unrestrained or unrestricted right or advantage granted to a person or group. It often relates to legal or parliamentary contexts, where certain individuals may be granted absolute immunity or protection from liability for actions or statements made within a specific context or setting.
