Defamation to a spouse

Pixie Chief

Just wondering about the privileges with regard to defamation that apply between spouses and partners? I think that a statement made about someone that might be considered defamatory isn't if it is between spouses/partners? Does that then apply if a defamatory statement is made about someone to their spouse/partner?

Mr. Incognito

I know of no such privilege

hullaballoo

For the purposes of defamation, utterances between spouses are not deemed to be published. This harps back to an old and obviously outdated concept that a wife and husband are the same person.

The rule was established in 1888 and I don't know of any authority that has done away with the rule. Originally, the reasoning was that any other ruling "might lead to disastrous results to social life." I would suggest that a modern interpretation might focus more on the damages aspect such that any person who is the subject of an otherwise defamatory statement would not suffer any losses as a result of the statement, if made between spouses.

I believe there was speculation that because of the terms of the Defamation Act 2009, this rule might be impacted. My position is that there is nothing in that Act that suggests the rule has been abolished. I do however think that the rule would be less absolute in its application today as against 1888. The fact alone that it is now possible to determine a marriage by various means will have an impact.

Pixie Chief

Thank you and Merry Christmas!