Sec. 52-237. Damages in actions for libel.
Sec. 52-237. Damages in actions for libel. In any action for a libel, the defendant
may give proof of intention; and unless the plaintiff proves either malice in fact or that
the defendant, after having been requested by the plaintiff in writing to retract the libelous
charge, in as public a manner as that in which it was made, failed to do so within a
reasonable time, the plaintiff shall recover nothing but such actual damage as the plaintiff
may have specially alleged and proved.
(1949 Rev., S. 7983; P.A. 03-19, S. 118.)
History: P.A. 03-19 made technical changes, effective May 12, 2003.
"Malice in fact" defined. 27 C. 27, 28; 106 C. 132. Publishing a false charge of crime against another, in a newspaper,
proves such malice. 30 C. 419. Evidence of special damage. 27 C. 26; 30 C. 419. "Malice in fact" is not malignity or
personal ill will, but an improper and unjustifiable motive. 57 C. 73; 85 C. 24; 88 C. 251. What evidence admissible as a
justification under "proof of intention". 57 C. 92. Circumstances held to justify a finding of "malice in fact". 60 C. 491.
Existence of malice in fact is for the trial court. Id., 493; 87 C. 222. Proof of malice considered in reference to the claim
of a privileged communication. 66 C. 175; 67 C. 510; 81 C. 293; 85 C. 24; 87 C. 220; 91 C. 430; 106 C. 132. Rule of
damages where no special damages proved. 85 C. 23; 79 C. 523; 107 C. 123. Repetition of words as evidence of actual
malice. 86 C. 261. Exemplary damages proper when. 72 C. 731. Privilege. 64 C. 223; 72 C. 335; 78 C. 365; 88 C. 247.
Defendant may testify to motive or feeling prompting his conduct. 91 C. 432. Words libelous per se; presumption of malice
and damages; compensatory and punitive damages where actual malice shown; 92 C. 236; 107 C. 123; effect of privileged
occasion as to malice; actual malice question of fact. 92 C. 331. Cited. 97 C. 38; 106 C. 129. Libel per se against attorney.
Id., 131. Words slanderous per se will support substantial recovery without proof of special damage. 107 C. 123. A charge
of a person having committed a crime is libelous per se, from which the law presumes damage without special proof. 113
C. 580. When a libel is expressed in clear and unambiguous terms, the question whether it is libelous per se is one of law
for the court. 136 C. 557. No basis for appeal where plaintiff failed to make clear objections to charge by court below
concerning effect of statute. 157 C. 507. Cited. 162 C. 388.
Cited. 11 CA 584. Cited. 25 CA 16. Televised news broadcasts could give rise to claim of defamation sounding in libel.
110 CA 283.
If special damages are not alleged, malice in fact must be proved. 15 CS 448. A libel is actionable per se if it charges
improper conduct or lack of skill or integrity in one's profession or business and is of such a nature that it is calculated to cause
injury to one in his profession or business. 22 CS 248. The essential elements of a qualifiedly privileged communication are
good faith, an interest to be upheld, a statement limited in its scope to that purpose, a proper occasion, and publication in
a proper manner to proper parties. Id. Cited. 33 CS 4.