South Dakota § 20-11-5 Privileged communications--Malice not inferred from publication.

South Dakota Statutes

§ 20-11-5 — Privileged communications--Malice not inferred from publication.

South Dakota § 20-11-5

Title 20PERSONAL RIGHTS AND OBLIGATIONS

Ch. 20-11LIABILITY FOR DEFAMATION

This text of South Dakota § 20-11-5 (Privileged communications--Malice not inferred from publication.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 20-11-5 (2026).

Text

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

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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.