9.05.050 Elements of defamation.
The elements required to prove defamation are as follows:
A. A false statement purporting to be fact;
B. About a person who is either directly named in the statement or identifiable through the information contained in the statement or its context;
C. That is published (libel) or communicated (slander) to a third person;
D. With negligence as defined in this chapter; and
E. Which has caused damages to the person who is the subject of the defamatory statement.
When the alleged defamatory statement is made against a public official, the following must also be proven:
F. That the alleged violator knew that the defamatory statement was false or that the statement was made with reckless disregard for the truth.
When defamation claims are proven against a public official or person, the Council has discretion to award punitive damages.
The burden of proof for defamation rests with the person alleging damages by a defamatory statement.
The standard of proof for defamation is a preponderance of the evidence. [Ord. 17-22, approved 3/14/22.]