27-1-802. Libel defined. Libel is a false and unprivileged publication by writing, printing, picture, effigy, or other fixed representation that exposes any person to hatred, contempt, ridicule, or obloquy or causes a person to be shunned or avoided or that has a tendency to injure a person in the person's occupation.
Mont. Code Ann. § 27-1-802
Libel Defined
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TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS
CHAPTER 1. AVAILABILITY OF REMEDIES -- LIABILITY
Part 8. Libel and Slander
Libel Defined
History: En. Sec. 32, Civ. C. 1895; re-en. Sec. 3602, Rev. C. 1907; re-en. Sec. 5690, R.C.M. 1921; Cal. Civ. C. Sec. 45; Field Civ. C. 29; re-en. Sec. 5690, R.C.M. 1935; R.C.M. 1947, 64-203; amd. Sec. 592, Ch. 56, L. 2009.
Notes of Decisions
Cited in 28
cases (5 in the last 5 years), 1980–2025 · leading case: Lee v. Traxler
Lee v. Traxler (2016)
“” Section 27-1-802, MCA. The statute creates a three-part requirement for actions involving defamatory libel: first, the publication must be false; second, the publication must not be privileged; and third, the publication must be defamatory, in that it exposes the person to…”
Lence v. Hagadone Investment Co. (1993)
“Section 27-1-802, MCA (emphasis added). If the publication appears to be privileged, the plaintiff must show that it is false.”
McConkey v. Flathead Electric Cooperative (2005)
“¶ 42 Pursuant to § 27-1-802, MCA, defamatory libel is: [A] false and unprivileged publication by writing, printing, picture, effigy, or other fixed representation to the eye which exposes any person to hatred, contempt, ridicule or obloquy or which causes him to be shunned or…”
Small v. McRae (1982)
“Consequently, they will all be treated together in the discussion which follows: Libel is defined in Section 27-1-802, MCA, as: "a false and unprivileged publication .”
Cox v. Lee Enterprises, Inc. (1986)
“Section 27-1-802, MCA. To determine whether a publication is privileged, one looks to § 27-1-804(4), MCA.”
Frigon v. Morrison-Maierle, Inc. (1988)
“” Section 27-1-802(3), MCA. “Slander defined.”
Chapman v. Maxwell (2014)
“” Section 27-1-802, MCA. “Slander is a false and unprivileged publication other than libel that,” for purposes of this case, “by natural consequence causes actual damage.”
McLeod v. State Ex Rel. Montana Department of Transportation (2009)
“” Section 27-1-802, MCA (emphasis added). Slander is “a false and unprivileged publication other than libel which,” for purposes of the present case, tends directly to injure [a person] in respect to his office, profession, trade, or business, either by imputing to him general…”
Shors v. Branch (1986)
“’* Section 27-1-802, MCA. Judge McPhillips testified that Mr.”
Hale v. City of Billings, Police Dept. (1999)
“¶13 Pursuant to § 27-1-802, MCA, defamatory libel is: [Fjalse and unprivileged publication by writing, printing, picture, effigy, or other fixed representation to the eye which exposes any person to hatred, contempt, ridicule or obloquy or which causes him to be shunned or…”
Ray v. Connell (2016)
“” Section 27-1-802, MCA. “Slander is a false and unprivileged publication other than libel that: 1) charges any person with crime .”
Spreadbury v. Bitterroot Public Library (2012)
“” Mont.Code Ann. § 27-1-802. Most of the statements Spreadbury challenges constitute a fair and true report of his civil proceedings.”
— Mont. Code Ann. § 27-1-802(3) — 2 cases
Frigon v. Morrison-Maierle, Inc. (1988)
“” Section 27-1-802(3), MCA. “Slander defined.”
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