• The privilege may be lost upon a showing of malice or bad faith. [Cases: Libel and Slander 40. C.J.S. Libel and Slander; Injurious Falsehood §§ 57, 59, 64–65.]
conditionally privileged communication
A defamatory statement made in good faith by a person with an interest in a subject to someone who also has an interest in the subject, as an employer giving a negative but accurate job review of a former employee to a potential future employer.