Can a defendant defend using qualified privilege in a defamation action against a plaintiff who made a defamatory statement?
Alberta, Canada
The following excerpt is from Tonizzo v. Moysa, 2007 ABQB 245 (CanLII):
In order to be protected by qualified privilege, the defamatory words need not be true, as long as they were honestly believed by the defendant. Mere carelessness as to the truth of the words does not disentitle a defendant to the defence of qualified privilege: Botiuk at para.187; Hill v. Johnston (2006), 56 Alta. L.R. (4th) 262 at paras. 25-26, 2006 ABQB 212. In other words, justification and qualified privilege are alternative defences: even where a statement is not proved to be true, it may be protected by qualified privilege.
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