In the instance of qualified privilege, immunity is based on the fact that the statement was made in the performance of some:

Question

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Qualified privilege applies when a statement is made in the performance of a social, personal, or judicial duty, where the communication is made to a person with a corresponding interest or duty. This concept recognizes the need to balance the protection of reputation with the necessity for freedom of expression in certain contexts.

In the Instance of Qualified Privilege, Immunity Is Based on the Fact