ID · jury_instructions
IDJI 4.86.2
Punitive damages – malice required where media defendant
In this case, the law requires that the plaintiff shall not be entitled to recover punitive damages unless the defendant acted with actual malice in the communication of the defamatory information. Therefore, you are instructed that in order to recover punitive damages, the plaintiff must prove all of the elements of a defamation claim and must prove by clear and convincing evidence that the defendant communicated the defamatory information with “actual malice.”
Comment:
Please see Instruction 9.20 for additional elements of punitive damages.
Provenance
- Source
- isc.idaho.gov
- Retrieved
- 2026-08-21
- Edition
- 2026-08-20
- Content hash
aab278299f7f9a03daa2efd65f43ddaaa12e15836724c9c8a96b75462d31f7b9
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