Va. Model Jury Instr. Civ. No. 37.050

Under certain circumstances, a person has a limited privilege to make a defamatory statement

about another without being liable for damages.

Under the circumstances of this case, the defendant’s statement was privileged because he has

an interest or duty in the subject, and he made the statement to another person with similar

interest or duty. The defendant’s statement is not protected, however, if he abused the privilege.

The privilege is abused when the plaintiff proves by clear and convincing evidence that:

(1) the defendant knew the statement was false or made it so recklessly as to amount to a willful

disregard for the truth, that is, with a high degree of awareness that the statement was probably

false; or

(2) the statement was deliberately made in such a way that it was heard by persons having no

interest or duty in the subject of the statement; or

(3) the statement was unnecessarily insulting; or

(4) the language used was stronger or more violent than was necessary under the circumstances;

or

(5) the statement was made because of personal spite, hatred, ill will, or desire to hurt the

plaintiff, independent of the occasion on which the communication was made.