20-11-5. Privileged communications--Malice not inferred from publication.
A privileged communication is one made:
(1)In the proper discharge of an official duty;
(2)In any legislative or judicial proceeding, or in any other official proceeding authorized by law;
(3)In a communication, without malice, to a person interested therein, by one who is also interested, or by one who stands in such relation to the person interested as to afford a reasonable ground for supposing the motive for the communication innocent, or who is requested by the person interested to give the information;
(4)By a fair and true report, without malice, of a judicial, legislative, or other public official proceeding or of anything said in the course thereof.
In the cases provided for in subdivisions (3) and (4) of this section, malice is not inferred from the communication or publication.
Source: CivC 1877, §31; CL 1887, §2530; RCivC 1903, §31; RC 1919, §99; SDC 1939, §47.0503.
Structure South Dakota Codified Laws
Title 20 - Personal Rights and Obligations
Chapter 11 - Liability For Defamation
Section 20-11-1 - Obligation to refrain from defamation.
Section 20-11-2 - Classes of defamation.
Section 20-11-3 - Libel defined.
Section 20-11-4 - Slander defined.
Section 20-11-5 - Privileged communications--Malice not inferred from publication.
Section 20-11-6 - Radio and television stations not liable if due care exercised.
Section 20-11-8 - Newspaper retraction as rebuttal of presumption of malice.