Odger's English Common Law

534 DEFAMATION.
advantage of the public, and of honest servants generally, that character
should be freely given. Even though the statement complained of as
defamatory should be untrue in fact, the master will be held justified by
the occasion in making that statement, unless it can be proved that he
made it maliciously, as, for example, if the plaintiff can show that the
defendant knew that his statement was untrue when he made it.
The same rule applies whenever a confidential inquiry is made as to the
competency and skill of a professional man, or as to the solvency of a tradesman.
No privilege, however, attaches where the answer is given, not in the
general interests of society or from a sense of duty, but by a trade
protection society or other mercantile agency from motives of self-interest
and as a matter of business. 1
(ii.) Communications volunteered.—There are some cases in
which it is the duty of the defendant unasked and of his own
accord to give information to his friend or neighbour, or some-
times even to a stranger, e.g., where a confidential relationship
exists between the parties, or where a complaint as to the
conduct of some public official is made to his superior officer.
The rule in such cases is thus laid down :— " Where a person
is so situated that it becomes right in the interests of society
that he should tell to a third person certain facts, then if he
bond fide and without malice does tell them-, it is a privileged
communication." 2
rule. 3 The test in every case is this : Assume
But it is often difficult to apply this
in the defen-
dant's favour that the circumstances really were such as he
honestly believed them to be ; then, in those circumstances,
did he act as an honest man would feel himself bound to act ?
If so, the privilege attaches to anything he said or wrote
but if the jury are persuaded that he went beyond such limits,
he must suffer for his interference.
(iii.) Communications made in self-defence.—If the com-
munication complained of was made by the defendant to
protect his private interests or to answer some attack made
by the plaintiff, it is privileged provided it was made to "one
who has some interest in the matter or some duty to
1 Macintosh v. Dun, [1908] A. C. 390 ; Greenland.* v. Wilinthwrst, [19131 3 E. B.
507; [1916] 2 A. C. 15.
8 Per Blackburn, J., in Davies v. Snead (1870), L. 11. 8 Q. B. at p. 611.
* Contrast Coxhead v. Biohards (1846), 2 C. B. 569, with Bennett v. Deacon,
lb. 628 ; and Clark v. Molyneux (1877), 3 Q. B. D. 237, with Stuart v. Bell,
[1891] 2 Q. B. 311.
;