What is the defence of qualified privilege?

The effect of the defence of qualified privilege is to rebut the inference that would normally arise from the publication of defamatory words such as the words in questions in this litigation, that they were spoken with malice. The bona fides of a defendant who publishes with qualified privilege is presumed and the defendant is even free to publish with impunity remarks that may be defamatory and untrue about the plaintiff. However, the privilege is not absolute and can be defeated in two situations: firstly, if the dominant motive for publishing a statement is actual or express malice and, secondly, when the limits of the duty to be discharged or the interest that gives rise to the privilege have been exceeded: Hill v. Church of Scientology of Toronto, [1995] 2. S.C.R. 1130 at paras. 144-146.