§ 8343. Burden of proof

Purdon's Pennsylvania Statutes and Consolidated Statutes

Title 42 Pa.C.S.A. Judiciary and Judicial Procedure (Refs & Annos)

Part VII. Civil Actions and Proceedings

Chapter 83. Particular Rights and Immunities (Refs & Annos)

Subchapter D. Defamation (Refs & Annos)

42 Pa.C.S.A. § 8343

§ 8343. Burden of proof

Currentness

(a) Burden of plaintiff.--In 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 defendant.--In 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.

Credits

1976, July 9, P.L. 586, No. 142, § 2, effective June 27, 1978.

42 Pa.C.S.A. § 8343, PA ST 42 Pa.C.S.A. § 8343

Current through Act 13 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.

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