Privileged Communication and Censorship
Privileged communication refers to legal protections that prevent certain communications made within specific, trusted relationships from being disclosed to third parties. These relationships, often termed special or fiduciary, include those between husband and wife, attorney and client, physician and patient, therapist and patient, and cleric and parishioner. The extent of this privilege can vary based on legal statutes, which outline how and when these communications are protected. While privileged communication fosters open dialogue and encourages candid discussions within these relationships, it can also serve as a tool for censorship. When invoked, it may restrict public access to information that could be pertinent or beneficial to society, potentially frustrating the public’s right to know. Moreover, within legal and legislative contexts, certain statements are afforded absolute privilege, shielding individuals from defamation claims, which further emphasizes the complex balancing act between protecting individual confidentiality and ensuring transparency. Understanding this duality is essential for navigating the legal landscape surrounding privileged communication and its implications for both personal privacy and public interest.
Privileged Communication and Censorship
Definition: Communication that is protected by law from being disclosed or from being legally actionable by a third party
Significance: Assertion of the privilege can be used to prevent access to confidential information and communications
Traditionally, communications made within certain types of relationships are protected by law from being disclosed to a third party. The legal protection that attaches to such communications is called a privilege. The privilege can be absolute or qualified. The types of relationships that are protected by the privilege are generally classified as special or fiduciary relationships. Special or fiduciary relationships are typically based on the existence of a special trust and confidence between individuals. Relationships that usually enjoy the protection of privileged communication include: husband and wife, attorney and client, physician and patient, therapist and patient, and cleric and parishioner. Whether a particular communication between parties in these relationships is actually protected by a privilege is generally determined by the existence of a statute providing for the protection. Privileged communication statutes vary among different legal systems but usually specify the nature and extent of the protection within the relationship. The privilege that attaches to privileged communications can generally be waived by consent or by making the communication in the presence of a party to whom the privilege does not apply.
Privileged communications can promote the public policy of protecting confidential communications within certain relationships, thereby promoting and encouraging freedom of speech. Providing legal protection for communication made within protected relationships contributes to the public good because it encourages open and honest communication in these relationships without the fear that the communication or the identity of the communicator might be disclosed to others.
The privilege can also be used as an instrument of restraint and censorship by preventing access to certain types of information. The privilege can be asserted to prevent public access to records, names, documents, and other information that might be of interest or benefit to the public. Whenever the privilege is asserted, it can deprive another party or the public of information that may be relevant, important, or useful. Thus the privilege can have the impact of restraining access to and censoring certain types of information. The public’s right to know can be significantly frustrated when the privilege is asserted to restrain access to relevant information and data.
The law also protects communications made pursuant to certain legal and legislative activities, such as court and congressional proceedings. A statement made by an individual during these proceedings is generally absolutely privileged. Thus, the person who made the statement is protected from liability for defamation. The threat of legal liability for statements can have the impact of restraining the flow of information. Thus, the privilege encourages an open exchange of ideas and debate in judicial and congressional proceedings.