Elements

A. First Element: There must be a defamatory imputation

B. Second Element: Publicity of the Libelous Matter
C. Third Element: The Person libeled must be identified. (Identity of victim)
D. Fourth Element: That there be malice on the part of the accused.
A. In general: if the accused proves the absence of any of the elements, then he is not liable. Thus he may
show: the material is not defamatory; there is no publicity; it is impersonal and does not refer to the
plaintiff; or that there is no malice.
Malice is the legal term to denote that the accused is motivated by personal ill-will, spite, hatred, jealousy,
anger, and speaks not in response to duty but to do ulterior and unjustifiable harm. The purpose is really
to destroy, to injure, to inflict harm.
 The plaintiff need not prove the existence of malice. It is for the accused to disprove this presumption