Paralegal Advanced Competency Exam (PACE) Practice Exam

What defines conditionally privileged communication?

1. A defamatory statement made maliciously

2. A statement made with the intent to harm another

3. A good faith statement made by an interested party

4. A communication that is never protected by law

The correct answer is: A good faith statement made by an interested party

Conditionally privileged communication is characterized by a good faith statement made by an interested party, meaning that the communication is protected under certain circumstances, even if it might be considered defamatory if it were made outside of those circumstances. This privilege is conditional because it is contingent upon the context in which the statement is made, such as in the interest of protecting a legitimate business or personal interest, and as long as the statement is made without actual malice. In scenarios where this privilege applies, the emphasis is on the intent and the context. For example, if an employer provides a reference for a former employee and does so honestly and in good faith, this can be considered conditionally privileged communication. The protection exists to encourage open communication in situations where public or private interests are at stake. The other options do not accurately depict the nature of conditionally privileged communications. A defamatory statement made maliciously would fall outside of privileged protection. Similarly, a statement made with the intent to harm another does not meet the criteria for privilege, as it involves malice. Lastly, a communication that is never protected by law contradicts the concept of conditional privilege since it acknowledges that some statements can be privileged if certain conditions are met. Thus, the definition provided in the correct choice is aligned