Legislative Immunity - 22 of 25

Incorrect answer:

NO, legislative immunity does not protect the other legislators and staff from being found liable for defamation. But under the law of defamation itself, the other legislators and legislative staff cannot be found liable for defamation because only the person who originally makes an allegedly defamatory statement may be held liable for the statement is INCORRECT.

The law of defamation does not categorically prohibit a person who republishes a defamatory statement initially made by another person from being held liable for defamation. In this case, however, legislative immunity protects the legislators and staffers from being found liable for defamation because the preparation, adoption, and publication of the official report of a legislative interim committee all fall within the "sphere of legitimate legislative activity."

The information on this page is presented as an informational service only and should not be relied upon as an official record of action or legal position of the State of Colorado, the Colorado General Assembly, or the Office of Legislative Legal Services.