Del. P.J.I. Civ. § 11.17

DEFAMATION – DEFENSE OF A CONDITIONAL PRIVILEGE

I have determined, as a matter of law, that [defendant’s name] was privileged

to publish false and defamatory communications. But a person with this privilege

may not abuse it. You must determine whether [defendant’s name] abused

[his/her/its] privilege. If you find that [he/she/it] abused this privilege, you may

return a verdict in favor of [plaintiff’s name] and against [defendant’s name].

The privilege that applies to [defendant’s name] is [state privilege]. This

privilege is abused, however, if [defendant’s name] made or published the false and

defamatory communication intentionally, that is, with knowledge of its falsity; or

recklessly, that is, by disregarding whether it was true or false. The privilege is also

abused when asserted outside [defendant’s name]’s performance of [his/her/its]

duties or functions that give rise to the privilege.