Breach of privilege refers to a legal concept that involves the violation or infringement upon the rights, immunities, or prerogatives granted to certain individuals or entities due to their position or status. Primarily, it pertains to the breach of privileges enjoyed by members of a legislative body, such as parliamentarians, lawmakers, or representatives, but it can also apply to other privileged individuals or institutions.
In the context of a legislative body, breach of privilege occurs when someone intentionally disrespects, impairs, interferes with, or obstructs the functioning of the legislative body or its members. This includes actions that hinder the free expression of opinion, obstruct the legal discharge of duties, or interfere with the independence and impartiality of the legislative body. Breach of privilege can encompass various acts, ranging from physical assaults, threats, and unlawful detentions, to defamation, slander, or contemptuous behavior towards the members.
The purpose of recognizing breach of privilege is to safeguard and protect the functioning and integrity of the legislative body as a representative institution. It seeks to guarantee the freedom of speech, action, and decision-making for legislators, allowing them to discharge their responsibilities without fear of reprisal or obstruction. Breach of privilege is typically dealt with through legal procedures, such as the initiation of appropriate parliamentary proceedings, investigations, or disciplinary actions. The specific consequences for breaching privilege may vary depending on the jurisdiction, but generally aim to ensure accountability, uphold the dignity of the legislative body, and preserve the democratic principles upon which it operates.
