Hartman v. Keri

I concur in the result reached by the majority. I write separately to explore a point of departure.

Public policy considerations require that certain defamatory communications be cloaked with an immunity, denominated as an “absolute privilege.” Such communications cannot form the basis for a cause of action. Rather, an absolute privilege bars an action for defamation even when the information was false and maliciously and knowingly published. Hoffman v. Roberto, 578 N.E.2d 701, 710 (Ind.Ct.App.1991). Other communications receive a lesser degree of protection, known as a “qualified privilege.”…