There is a newer version of the South Dakota Codified Laws
2006 South Dakota Code - 20-11-5 — Privileged communications--Malice not inferred from publication.
20-11-5. Privileged communications--Malice not inferred from publication. 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.
Source: CivC 1877, § 31; CL 1887, § 2530; RCivC 1903, § 31; RC 1919, § 99; SDC 1939, § 47.0503.
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