OUJI-CIV No. 28.8

DEFAMATION – AFFIRMATIVE DEFENSE OF QUALIFIED PRIVILEGE

[Defendant] has raised the defense in this case that the alleged defamatory article

is privileged. A statement is privileged unde r this defense if [Defendant] reasonably

believed:

1. The statement gave information that affected an important interest of [Identify

person to whom statement was made]; and,

2. It was within generally accepted standards of decent conduct for [Defendant]

to make the statement.

An important factor in favor of a fi nding that it was within generally accepted

standards of decent conduct for [Defendant] to make the statement is that:

[Defendant] made the statement in response to a request, rather than volunteering

it.

OR

[Defendant] and [Identify person to whom statement was made] were [Specify

relationship between them].

This defense is not available if [Defendant] either knew the statement was false

or had serious doubt whether the statement was true or false.