PRIVILEGED COMMUNICA TIONS. A communication made bond fide upon any subject-matter in which the party communicating has an interest, or in reference to which he has a duty, if made to a person having a corresponding interest or duty, althongh it contain criminatory matter which without this privilege would be slanderous and actionable.
2. Duty, in this canon, cannot be confined to legal duties, which may be enforced by indictment, action, mandamus, but must include moral and social duties of imperfect obligation. 5 Ell. & B. 347. The .proper meaning of a privile.ged communication, said Mr Baron Parke, is only this : that the occasion on which the communication was made rebuts the inference primd facie arising from a statement prejudicial to the tharacter of the plaintiff, aud puts it upon him to prove that there was malice in fact,— that the defendent was actuated by motives of personal spite or ill will, independent of the occasion on which the communica, tion was made. 2 Crompt. M. & R. Exch. 573.
3. The law recognizes two classes of cases in which the occasion either supplies an absolute defence, or a defence subject to the condition that the party acted bond fide without malice. The distinction turns en tirely on the question of malice. The com
munications last mentioned lose their privi lege on proof of express malice. The former depend in no respect for their pro tection upon the bond fides of the defendant. The occasion is an absolute -privilege, and the only questions are whether the occasion existed, and whether the matter complained of was pertinent to the occasion. Heard, Libel & S. 89.
4. As to communications which are thus absolutely privileged, it may be stated as the result of the authorities that no person is liable, either civilly or criminally, in respect of any thing published by him as a member of a legislative body, in the course of his legislative duty, nor in respect of any thing.published by him in the course of his duty in any judicial proceeding. This privilege extends not only to parties, counsel, witnesses, jurors, and judges in a judicial proceeding, but also to proceedings in legis lative bodies, and to all who, in the discharge of public duty or the honest pursuit of private right, are compelled to take part in the administration of justice or in legislation. A fair report of any judicial proceeding or inquiry is also privileged. Heard, Libel & S. fl 90, 103, 110.