N.C.P.I.—Civil 806.85

NOTE WELL: If a private figure plaintiff in a matter of

public concern seeks to recover punitive damages, the

following issue must first be answered in the

affirmative.2 If, and only if, this issue is answered

"Yes," then the standard punitive damages

instructions, N.C.P.I.—Civil 810.96 (“Punitive Damages

—Liability of Defendant”) and 810.98 (“Punitive

Damages—Issue of Whether to Make Award and

Amount”), should be given.

The (state number) issue reads:

"Did the defendant publish the [libelous] [slanderous] statement

with actual malice?”

You will answer this issue only if you have answered the (state

issue number) "Yes") in favor of the plaintiff.

On this issue the burden of proof is on the plaintiff. This means

that the plaintiff must prove, by clear, strong and convincing evidence,

that the defendant published the [libelous] [slanderous] statement with

actual malice.3

Clear, strong and convincing evidence is evidence which, in its

character and weight, establishes what the plaintiff seeks to prove in a

clear, strong and convincing fashion. You shall interpret and apply the

words "clear," "strong" and "convincing" in accordance with their

commonly understood and accepted meanings in everyday speech.

Actual malice means that, at the time of the publication of the

[libelous] [slanderous] statement, the defendant either knew that the

statement was false or acted with reckless disregard of whether the

statement was false.4 Reckless disregard means that, at the time of the

publication, the defendant had serious doubts about whether the

statement was true.5

Finally, as to this issue on which the plaintiff has the burden of

proof, if you find by clear, strong and convincing evidence that the

defendant published the [libelous] [slanderous] statement with actual

malice, then it would be your duty to answer this issue "Yes" in favor of

the plaintiff.

If, on the other hand, you fail to so find, then it would be your duty

to answer this issue "No" in favor of the defendant.