What is the main purpose of defamation defenses like absolute privilege?

The primary purpose of defenses like absolute privilege in defamation cases is to promote open discussion and reporting in sensitive contexts. Absolute privilege allows certain statements to be made without the risk of defamation claims when they occur in specific settings, such as during legislative proceedings, judicial trials, or other official governmental functions. This protection encourages individuals to speak freely about matters of public interest without fear of legal repercussions, facilitating transparency and accountability.

In sensitive contexts, where open dialogue is crucial for democratic processes and the functioning of society, providing such immunity encourages those involved—such as lawmakers, witnesses, and others—to express their views or relay information that might otherwise be withheld to avoid defamation claims. This promotes a healthy exchange of ideas and can lead to better-informed decision-making in public matters.

Understanding the role of absolute privilege helps clarify why protecting free speech in specific contexts is vital for societal benefits, rather than limiting freedom of speech, rewarding accurate reporting, or focusing solely on protecting individuals from reputational harm.