Bergman v. Hupy

The sole issue here is whether statements made to a district attorney in his official capacity are absolutely or conditionally privileged. If such statements are absolutely privileged, the person making such statements cannot be sued for libel or slander because of them. If such statements are only conditionally privileged, the exemption from responsibility for libel or slander on the ground of privilege extends only to statements made in good faith without malice.

While the distinction between the two is not to be blurred nor abandoned, both privileges, absolute or conditional, seek to…