Current through P.A. Acts 2021-52
Section 8343 - Burden of proof(a) Burden of plaintiffIn an action for defamation, the plaintiff has the burden of proving, when the issue is properly raised: (1) The defamatory character of the communication.(2) Its publication by the defendant.(3) Its application to the plaintiff.(4) The understanding by the recipient of its defamatory meaning.(5) The understanding by the recipient of it as intended to be applied to the plaintiff.(6) Special harm resulting to the plaintiff from its publication.(7) Abuse of a conditionally privileged occasion.(b) Burden of defendantIn an action for defamation, the defendant has the burden of proving, when the issue is properly raised: (1) The truth of the defamatory communication.(2) The privileged character of the occasion on which it was published.(3) The character of the subject matter of defamatory comment as of public concern.1976, July 9, P.L. 586, No. 142, § 2, effective June 27, 1978.