Is a person who testifies to Congress immune from civil action for their testimony?

Question

Inspired by this question, can a person who testifies before Congress be immune from civil action resulting from their testimony?

Answer 1

Yes

australia

Witnesses are immune from civil prosecution for the evidence they give to court (or a parliamentary committee).

The High Court of Australia (the “HCA”) has historically held that witness immunity is necessary to ensure that witnesses can give evidence in court without fear or favour (Commonwealth of Australia v Griffiths & Anor [2007] 70 NSWLR 268 at [43]). The immunity is also justified on the basis that if evidence has already had a functional connection with court proceedings, to consider that evidence again in a new action would undermine the judgment of the former proceeding which has already deemed that evidence to be admissible (Cabassi v Vila [1940] HCA 41 at [137]).

With respect to non-disclosure or non-disparagement contracts, it is important to remember that a contract made for an improper or illegal purpose or against public policy is void. A contract that claimed to prevent someone from complying with an obligation imposed by law - like testifying before a court or a parliament - is not a contract.

Most well written NDAs will have a carve out of “to the extent permitted by law” which means the contract is valid because it doesn’t try to stop the testimony.