Litigation Privilege and Fair Reporting Privilege Defenses in Defamation Cases

Two of the most powerful tools for defending defamation and libel suits are the litigation privilege and the fair reporting privilege. At DiTommaso Lubin, P.C., our Defamation, Libel & Free Speech Defense Practice Group draws on over 40 years of courtroom experience to invoke these protections on behalf of businesses, professionals, media organizations, influencers, and everyday speakers.

We have used privilege defenses to obtain dismissals of libel and slander claims at the motion‑to‑dismiss and summary‑judgment stages, saving clients time, money, and publicity.

The Litigation Privilege: Protecting Statements in and Connected to Lawsuits

The litigation privilege generally protects statements made in the course of judicial and certain quasi‑judicial proceedings, as well as communications reasonably related to anticipated litigation. This privilege reflects the principle that parties, lawyers, and witnesses must be able to speak freely in the context of legal disputes without fear of being sued for defamation over every allegation or argument.

Our attorneys advise and defend clients in matters involving:

• Allegedly defamatory statements in pleadings, affidavits, motions, and briefs.
• Pre‑litigation demand letters, cease‑and‑desist letters, and communications with regulatory or law‑enforcement agencies.
• Testimony and statements made during hearings, depositions, and trials.
• Communications among parties, counsel, experts, and witnesses about pending or anticipated cases.

We analyze whether statements are sufficiently connected to litigation to fall within the privilege, whether the privilege in a particular context is absolute or qualified, and how best to frame and present the defense to courts. When appropriate, we use the litigation privilege as a basis for early dismissal or summary judgment, often in combination with other defenses such as opinion, substantial truth, or lack of actual malice.

Fair Reporting Privilege: Protecting Accurate Reports of Official Proceedings

The fair reporting privilege protects fair and substantially accurate accounts of official proceedings and public records, such as court hearings, legislative sessions, administrative hearings, law‑enforcement actions, and other governmental activities. This privilege is critical for journalists and media organizations, but it can also apply to bloggers, influencers, advocacy groups, and others who report on public proceedings.

Our lawyers represent clients in cases involving:

• News reports and broadcasts about court cases, criminal charges, or regulatory investigations.
• Articles and posts summarizing allegations in complaints or official documents.
• Coverage of legislative hearings, public meetings, and press conferences.
• Online commentary and recaps of high‑profile lawsuits and public controversies.

We work to demonstrate that our clients’ reporting was a fair and substantially accurate reflection of the underlying proceeding or document, and we address arguments that the report went beyond or distorted the official record. Where appropriate, we pair the fair reporting privilege with First Amendment opinion and actual‑malice defenses.

Strategic Use of Privilege Defenses

Privilege defenses often work best when raised early and clearly. Our approach typically includes:

• Rapid evaluation of all challenged statements and the context in which they were made.
• Identification of all available privileges, including litigation, fair reporting, common‑interest, and other statutory or common‑law protections.
• Early motions to dismiss or motions for summary judgment based on privilege, sometimes combined with anti‑SLAPP motions to seek prompt dismissal and fee shifting.
• Coordination of privilege arguments with insurance‑coverage strategies, so that carriers understand the strength of the defense and the opportunities to resolve the case efficiently.

Who We Help With Litigation and Fair Reporting Privileges

Our clients in privilege‑based defenses have included:

• Media companies, broadcasters, and online news outlets.
• Journalists, editors, and independent reporters.
• Bloggers, podcasters, and social‑media influencers covering public controversies.
• Businesses and professionals whose communications are tied to lawsuits, regulatory complaints, or other formal proceedings.
• Citizens, activists, and community members who report on or comment about public meetings, school boards, homeowners’ associations, and local government actions.

Talk With Our Privilege Defense Team

If you are being sued or threatened with a defamation claim based on statements made in a lawsuit, pre‑litigation demand, official proceeding, or news report, you may have powerful privilege defenses available.

Contact attorney Peter S. Lubin or attorney James V. DiTommaso for a free consultation about how the litigation and fair reporting privileges may apply to your case.

Call 630-333-0333 or reach us through our online contact form.

This page is for informational purposes only and does not constitute legal advice. Contacting us does not create an attorney–client relationship. Past results do not guarantee a similar outcome.