NOTE: This provision of law was included in the Unconstitutional Statutes
Biennial Report to the Legislature, dated March 14, 2016.
§49. Qualified privilege
A qualified privilege exists and actual malice must be proved,
regardless of whether the publication is true or false, in the following
(1) Where the publication or expression is a fair and true report of any
judicial, legislative, or other public or official proceeding, or of any statement,
speech, argument, or debate in the course of the same.
(2) Where the publication or expression is a comment made in the
reasonable belief of its truth, upon,
(a) The conduct of a person in respect to public affairs; or
(b) A thing which the proprietor thereof offers or explains to the
(3) Where the publication or expression is made to a person interested
in the communication, by one who is also interested or who stands in such a
relation to the former as to afford a reasonable ground for supposing his
(4) Where the publication or expression is made by an attorney or party
in a judicial proceeding.