CHAPTER 7

LIBEL

T.P.I. - Civil

Number

Libel Defined	7.01

Ordinary (Non-Privileged) Libel - Essential Elements	7.02

Ordinary (Non-Privileged) Libel - Truth as a Defense	7.03

Libel in Privileged Situation - Essential Elements	7.04

Recklessness - Public Official	7.05

Compensatory Damages	7.06

Punitive Damages in Libel Actions	7.07

T.P.I. - CIVIL 7.01

'LIBEL' DEFINED

The law holds a person's good reputation in high regard. A libel action to recover damages can be brought by a person whose reputation is falsely attacked.

A libel is a statement about a person that exposes that person to wrath, public hatred, contempt, or ridicule, or deprives that person of the benefits of public confidence or social interaction.

T.P.I. - CIVIL 7.02

ORDINARY (NON-PRIVILEGED) LIBEL

ESSENTIAL ELEMENTS

To recover damages for libel, the plaintiff must prove the following elements:

1.	That the defendant communicated a statement that referred to the
plaintiff; and

2.	That the statement was made to persons other than the plaintiff by [newspaper] [television broadcast] [other writing or broadcast]; and

3.	That the statement was libelous; and

4.	That the statement was read or heard by [persons other than the plaintiff, namely ____________] [members of the general public] who understood its libelous meaning and that it referred to the plaintiff; and

5.	That the defendant [was negligent] [acted recklessly] in failing to determine if the statement was true before communicating it, or that the defendant knew the statement was false before communicating it; and

6.	That the plaintiff was injured by the communication of the statement; and

[7.	That the statement referring to the plaintiff was false.]

T.P.I. - 7.03

ORDINARY (NON-PRIVILEGED) LIBEL

TRUTH AS A DEFENSE

Truth is a defense to a libel action. Substantial truth is sufficient. The defendant is not required to show that the statement at issue is absolutely or mathematically true. If you find that the statement was substantially true, then you must find for the defendant.

T.P.I. - 7.04

LIBEL IN PRIVILEGED SITUATION

ESSENTIAL ELEMENTS

To recover damages for libel, the plaintiff must prove all of the following elements:

1.	That the defendant communicated a statement about the plaintiff; and

2.	That the statement was made to persons other than the plaintiff by [newspaper] [television broadcast] [other writing or broadcast] concerning the plaintiff, and

3.	That the statement was libelous; and

4.	That the statement was heard or read by persons other than the plaintiff who understood its libelous meaning and that it referred to the plaintiff; and

5.	That the statement was false; and

6.	That the plaintiff was injured by the communication of the statement; and

7.	That the defendant communicated the statement knowing that it was false or with reckless disregard of whether it was false or not.

The plaintiff has the burden of proving all of the first six (6) elements by a preponderance of the evidence.
[add definition of preponderance of the evidence]

The plaintiff has the burden of proving the seventh element by clear and convincing evidence, which is a higher standard than preponderance of the evidence.

[add definition of clear and convincing evidence]

The plaintiff must present clear and convincing evidence that the defendant knew that the statement was false or that the defendant published the statement with reckless disregard of whether it was false or not.

If you find that the plaintiff has established all seven (7) elements by the applicable burden of proof, then you must find for the plaintiff. If you find that the plaintiff has failed to establish any of the seven (7) elements, then you must find for the defendant.

T.P.I. - CIVIL 7.05

RECKLESSNESS

PUBLIC OFFICIAL

Damages may not be awarded against a defendant for the defamation of a public official or public figure unless the defendant's actions were reckless. In order to establish that a defendant has acted recklessly, the plaintiff must prove that the defendant had a high degree of awareness that the published statements were probably false. A mere failure to exercise ordinary or reasonable care in determining the truth of published material does not, standing alone, mean that a defendant has acted recklessly.

T.P.I. - CIVIL 7.06

COMPENSATORY DAMAGES

If you find that all of the elements of the plaintiff's claim have been proven, the plaintiff is entitled to compensatory damages.

Compensatory damages should include an amount that you find will fairly and adequately compensate the plaintiff for the losses the plaintiff has suffered. You may award damages for the following injuries if you find that they were legally caused by the alleged libel:

1.	The plaintiff's economic losses; and

2. Injury to the plaintiff's reputation; and

3. Emotional distress suffered by the plaintiff.

T.P.I. - CIVIL 7.07

PUNITIVE DAMAGES IN LIBEL ACTIONS

Punitive damages are those that may be awarded in your discretion for the purpose of punishing the defendant and serving as an example to others. In this case you may award punitive damages if, and only if, you find:

First, that the plaintiff has proven the essential elements of his claim;

Second, that the defendant communicated the libelous statement knowing that it was false or with reckless disregard of whether it was false or not; and

Third, that the defendant has been guilty of [oppression] [fraud] [actual malice] [or] [wanton, reckless or willful misconduct]. [Malice means a motive and willingness to vex, harass, annoy, or injure another person. Malice may be shown by direct evidence of declarations of hatred or ill will, or it may be inferred from acts and conduct, such as by showing that the defendant's conduct was willful, intentional, and done in reckless disregard of its possible results.]

The law provides no fixed standard as to the amount of such punitive damages, but leaves the amount to your sound discretion, exercised without passion or prejudice.