Just to play devil's advocate...I wonder if an argument could be raised for a qualified privilege as a defense...not that I would recommend anyone putting themselves in a position that they would need to argue it as a defense.

There are a number of communications that are protected by what is known as a qualified or conditional privilege to what would otherwise be described as a defamatory statement. It means that there is a limited purpose for which these communications are made, and that the greater good is served by permitting these communications even though they may be derogatory. The danger is that the privilege can be lost by over publication of the communication beyond the purpose for which it is intended.

Examples of a communication protected by a qualified privilege are statements made within court pleadings and testimony, contents of reports made by credit rating services and recommendations made by a former employer of an employee to a prospective employer with whom the employee is interviewing. 

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