The defence of qualified privilege emerged in the 1760s in cases involving domestic servants suing their masters for bad references. Its function was to reverse the burden of proof of malice—transferring it from the defendant to the plaintiff—and it was based on the ‘occasion’ of speaking. The evidence suggests that this meant ‘cause’, but later cases interpreted it as meaning ‘situation’ and appeared to hold that there must be a duty or interest in both the publisher and publishee in order (...) for the defence to be raised. This interpretation proved controversial because it denied a defence when the defendant mistakenly believed that he had a duty or interest. In the 1890s it was finally settled that a duty or interest in both publisher and publishee was an essential requirement of the defence; perhaps this was due to parallel developments relating to similar concepts in the torts of deceit and negligence. (shrink)