MUJI 2d CV1608

An otherwise defamatory statement cannot support a defamation claim if the statement is privileged. I have already determined that the statements [insert privileged statements] are covered by the [insert] privilege recognized under Utah law. The purpose of the [insert] privilege is [insert]. This privilege protects allegedly defamatory statements [insert applicable description].

Because the [insert] privilege applies to [name of defendant]'s statements, [name of plaintiff] must prove by a preponderance of the evidence that [name of defendant] abused the privilege. The defendant can abuse a conditional privilege by [common law malice,] [actual malice,] [and/or excessive publication].

[To prove abuse by common law malice, [name of plaintiff] must prove that in making the allegedly defamatory statements, [name of defendant] was motivated primarily by ill will and spite towards [name of plaintiff], rather than some other reason.]

[To prove abuse by actual malice, [name of plaintiff] must prove that at the time [name of defendant] made the allegedly defamatory statements, [name of defendant] had actual knowledge the statements were false or actually entertained serious doubts as to whether the statements were true. The question is not whether a reasonable person would have known that the statements were false or entertained serious doubts about their truth, but whether [name of defendant] actually had such knowledge or doubts at the time of publication.]

[To prove abuse by excessive publication, [name of plaintiff] must prove that [name of defendant] published the statements to more persons than needed to serve the purpose of the privilege described above.]

If you find that [name of plaintiff] has failed to prove [common law malice,] [actual malice,] [or excessive publication,] then [name of plaintiff] cannot base [his/her/its] defamation claim on [insert privileged statement].