OUJI-CIV No. 28.2

DEFAMATION – ELEMENTS (PUBLIC FIGURE PLAINTIFF)

OUJI 3d (Rev. 2009) Chapter 28

In order to recover for defamation, [Plaintiff] has the burden of proving the

following five elements by the greater weight of the evidence:

1. The statement exposed [Plaintiff] to public hatred, c ontempt, ridicule or

disgrace;

2. [Defendant] communicated the statement to ( a person )/persons) other than

[Plaintiff];

3. ( That person )/(Those persons ) reasonably understood the statement to be

about [Plaintiff];

4. The statement was false; however, mi nor inaccuracies do not amount to falsity

if the statement is substantially true; and,

5. The statement caused [Plaintiff] to suffer ( a financial loss )/(damage to

Plaintiff’s reputation and/or emotional injury).

In addition, [Plaintiff] must prove by clear and convincing evidence that:

6. [Defendant] either knew the statement was false or had serious doubt whether

the statement was true or false.