ABSTRACT
One would expect the courts to extend absolute privilege at least to pleadings used for their proper purpose. Pleadings not being public documents, but prepared for communication to the other side in litigation, absolute privilege does not extend to making them public. Absolute privilege would also attach to a petition to a House. There is an established but unclear category of absolute privilege attaching to communications between high officers of state in the course of their duty. The basic rule providing for absolute privilege for proceedings of legislatures is laid down in legislation. The Advisory Judicial Committee pointed out that no special privilege attached to a statement simply by virtue of its being in the form of an affidavit. There may be something to be said for full judicial protection in countries where governments are not fully convinced of the virtues of judicial independence.
