Wis JI-Civil 2507

(As to Question 1, give the definition of “defamation” from Wis JI-2501.)

Question 2 asks whether (defendant), in making (publishing) the statements about

(plaintiff), abused (his) (her) privilege.

Under certain circumstances, a person has a privilege to make (publish) defamatory

statements about another. However, the privilege does not protect the speaker (author) if it

is abused.

In this case, (defendant) had the privilege of making (publishing) statements about

(plaintiff) for the reason that (insert the purpose for which the court has determined a

conditional privilege exists - e.g., advising a prospective employer about the work

capabilities of a former employee). However, it is for you to determine whether

(defendant)’s privilege to make (publish) statements about (plaintiff) was abused under the

circumstances of this case.

(Select the appropriate paragraphs.)

[1. An abuse of (defendant)’s privilege occurred if, at the time of (making) (publishing)

the statements, (he) (she) knew that such statements were false or (made) (published) them

in reckless disregard as to the truth or falsity of them. If you find that the statement was

substantially true, then the statement is not false. Slight inaccuracies of expression do not

mean that the statement is false if it is true in substance.1

(Give that portion of Wis JI-Civil 2511 that deals with reckless disregard of the truth

or falsity of defamatory statements.)]

[2. An abuse of (defendant)’s privilege occurred if (defendant) made the statements

(made publication of the statements available) to persons who had no interest in or

connection to (insert purpose).

In some cases, the statements, to be effective, must be made at a time and place even

though third persons are present and likely to overhear the statements. That does not

constitute an abuse of the privilege. However, the privilege is abused if the statements are

unnecessarily made in the presence of third persons even though the information is given

to the party who is entitled to receive it.]

[3. An abuse of (defendant)’s privilege occurred if (he) (she) did not reasonably

believe that the making (publishing) of the statements was necessary to accomplish the

purpose for which the privilege was given, that is (insert purpose).]

[The facts and circumstances available to (defendant) at the time the statements were

made (published) must have been sufficient to cause a person of reasonable caution and

prudence to believe that the information, in its entirety, was necessary to accomplish the

purpose for which the privilege was given.]

[4. An abuse of (defendant)’s privilege occurred if (he) (she) made (published)

statements necessary for the purpose (insert purpose - e.g., (plaintiff)’s work habits to a

prospective employer) and then made additional defamatory statements not necessary to

accomplish that purpose.]

[5. If the (defendant) made (published) statements believed by (him) (her) to be true

and then added statements known by (him) (her) to be false2, the privilege would be

abused.]

(Plaintiff) has the burden of proof to satisfy you by the greater weight of the credible

evidence, to a reasonable certainty, that (defendant) abused (his) (her) privilege in making

(publishing) the statements.

(As to Question 3, the damage question, give COMPENSATORY DAMAGES, WIS

JI-CIVIL 2516, and BURDEN OF PROOF: ORDINARY, WIS JI-CIVIL 200.)

(As to Question 4, express malice, give EXPRESS MALICE, WIS JI-CIVIL 2513, and

BURDEN OF PROOF: MIDDLE, WIS JI-CIVIL 205.)

(As to Question 5, punitive damages, give PUNITIVE DAMAGES, WIS JI-CIVIL

2520.)

SPECIAL VERDICT: (Proof of falsity assumed)

Question 1: Were the statements made (published) by (defendant) defamatory?

Answer: _______________

Yes or No

Question 2: If you answered “yes” to Question 1, then answer this question: In

making (publishing) the statements, did (defendant) abuse (his) (her)

privilege?

Answer:

Yes or No

Question 3: If you answered “yes” to Question 2, then answer this question: What

sum of money will fairly and reasonably compensate (plaintiff)

because of such defamatory statements?

Answer: $

Question 4: If you answered “yes” to Question 2, then answer this question: Did

(defendant) act with express malice in making (publishing) the

statements?

Answer:

Yes or No

Question 5: If you answered “yes” to Question 4, then answer this question: What

sum of money, if any, do you assess against (defendant) for punitive

damages?

Answer: $