Wis JI-Civil 2552

(Note: Inquire in question 1 whether the (plaintiff)'s right to privacy was violated. See

suggested question at Wis JI-2550.)

Question 2 asks whether (defendant), in publicizing a matter concerning (plaintiff)'s

private life, abused (his) (her) privilege.

Under certain circumstances, a person has a privilege to publicize a matter concerning

the private life of another. However, the privilege does not protect the (defendant) if it is

abused.

In this case, (defendant) had the privilege of publicizing a matter concerning

(plaintiff)'s private life for the reason that (insert the purpose for which the court has

determined a conditional privilege exists - e.g., employer advising other employees of reason

of termination of plaintiff fellow employee). However, it is for you to determine whether

(defendant)'s privilege to publicize a private matter about (plaintiff) was abused under the

circumstances of this case.

(Select appropriate paragraphs.)

[1. An abuse of (defendant)'s privilege occurred if (he) (she) at the time of publicizing

the private matter knew that such statements were false or publicized them in reckless

disregard of their truth or falsity.

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

falsity in defamation, adapting it where necessary.)]

[2. An abuse of privilege occurred if (defendant) publicized a private matter

concerning the (plaintiff) solely from spite or ill will. However, ill will or spite does not

abuse the privilege if the statements were made for the purpose (insert purpose for which

court has determined a conditional privilege exists.)]

[3. An abuse of (defendant)'s privilege occurred if (defendant) publicized the private

matter 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 where

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.]

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

believe that publicizing the private matter 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 private matter was

publicized must have been sufficient to cause a person of reasonable caution and prudence to

believe that such action, in its entirety, was necessary to accomplish the purpose for which

the privilege was given.]

[5. An abuse of (defendant)'s privilege occurred if (he) (she) publicized private

matters necessary for the purpose (insert purpose) and then publicized additional private

matters not necessary to accomplish that purpose.]

[6. If the (defendant) publicized private matters believed by (him) (her) to be true and

then added statements known by (him) (her) to be false, 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

publicizing the private matter.

SPECIAL VERDICT

Question 1: Did (defendant) violate (plaintiff)'s right of privacy by _________________?

Answer:

Yes or No

Question 2: If you answered "yes" to question 1, then answer this question: Did (defendant)

abuse (his) (her) privilege in publicizing a private matter concerning the

(plaintiff)?

Answer:

Yes or No