What happens if I make a complaint to the Standards Board for England that another member has broken the Code of Conduct, and then I am sued for defamation?
Our view is that councillors will be able to rely on the defence of ‘qualified privilege’ which arises in relation to defamatory statements “fairly made by a person in the discharge of some public or private duty, whether legal or moral”. In our view, the same defence would be available to standards committees acting in pursuit of their statutory duties, and to members of the public making an allegation honestly, reasonably and in good faith.
