Del. P.J.I. Civ. § 22.15

DEFAMATION – PUNITIVE DAMAGES – MEDIA DEFENDANT

If you decide to award compensatory damages to [plaintiff’s name], you must

determine whether [defendant’s name] is also liable to [plaintiff’s name] for

punitive damages. For [plaintiff’s name] to recover punitive damages, you must

find that [defendant’s name] acted with “actual malice,” which has been defined for

you.

If you find that [plaintiff’s name] has established the essential elements of

[his/her/its] claim, and if you also find, on the basis of clear and convincing

evidence, that [defendant’s name] acted with actual malice in publishing the

defamatory statement in question, then you may award [plaintiff’s name] punitive

damages in addition to compensatory damages. Punitive damages are different from

compensatory damages. Compensatory damages are awarded to compensate the

plaintiff for the injury suffered. Punitive damages are designed to punish the

offender and serve as an example to others. You must decide whether to award

punitive damages and, if so, how much to award.

In making this decision, you must consider the [defendant’s name]’s conduct

was reprehensible or outrageous. You must also consider the amount of punitive

damages that will deter [defendant’s name] and others like [him/her/it] from similar

conduct in the future. You may consider [defendant’s name]’s financial condition

for this purpose only. Any award of punitive damages must bear a reasonable

relationship to [plaintiff’s name]’s compensatory damages.

If you find that [plaintiff’s name] is entitled to punitive damages, you must

state the amount of punitive damages separately on the special-verdict form.