“Damages” may include general damages, special damages, and punitive damages.

“Defamatory statement” is a statement that is untrue and which injures the reputation or diminishes the esteem, respect or goodwill a person holds in a community, or in his or her particular social or political circle.

“General damages” are damages for loss of reputation, shame, mortification, and hurt feelings.

“Libel” is the publication of a defamatory statement by writing, printing, picture, effigy, or other representation, including, but not limited to, posts on social media platforms, that injure the reputation or occupation and diminish the esteem, respect or goodwill a person holds in a community, or his or her particular social or political circle.

“Negligence” means the failure to exercise reasonable care about whether the defamatory statement is true.

“Plausible” means that the alleged victim has successfully shown that all elements of his or her case are met.

“Preponderance of the evidence” requires a showing that the allegation is more probable to be true rather than untrue. In other words, the evidence only needs to be greater than a 50 percent likelihood of being true.

“Public official” means any individual who is an elected member of the Tribal Council. Public official also includes any employees of the Wiyot Tribe that have a significant role in community or government affairs, including directors, managers, administrators, and officers.

“Punitive damages” are those that the Tribal Council may award in its discretion to punish a person who has made a defamatory statement with actual malice. Punitive damages must be relatively proportionate to the total award of general and special damages.

“Slander” is the vocal utterance, including those made on radio or television broadcast, of a defamatory statement that injures the reputation or occupation and diminishes the esteem, respect or goodwill a person holds in a community, or his or her particular social or political circle.

“Special damages” are all damages that the victim alleges and proves that he or she suffered in respect to his or her property, business, trade, profession, or occupation, as well as the reputational harm done to an entity represented by the victim, and including the amounts the victim alleges and proves that he or she has expended as a result of the alleged defamatory statement.

“Tribal citizen” means an enrolled member of the Wiyot Tribe.

“Victim” means the person who is the subject of the defamatory statement.

“Violator” means the person who has violated this chapter. [Ord. 17-22, approved 3/14/22.]