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Defamation Lawsuit ‐ Proving Malice

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In the United States, a person filing a legal claim (the plaintiff) as in a defamation lawsuit must prove fault against the defendant. Fault, when discussing libel and defamation, means either acting negligently or with malice.

A plaintiff who is not a public figure need only prove the defendant acted in a negligent manner. Those individuals who are classified as public officials or public figures are burdened with necessity of proving actual malice, which can be more challenging than proving negligence.

Defamation Lawsuit Actual Malice

In defamation cases, actual malice is defined as a defendant who publishes a statement that he knows to be false or publishes a statement with reckless disregard for the truth, i.e. he does not know the statement to be true or false, nor does he bother to find out, and publishes it anyway.

Public and Private Figures in Defamation Lawsuits

Who is classified as a public figure or official may seem simple but in actuality the lines defining public and private individuals sometimes overlap. Also, classifications are defined by individual states so someone who might be deemed private in one state may very well be considered public in another.

Generally, public officials are politicians or government officials, though some courts also classify those who have or are believed by the public to have authority, control or responsibility in government matters, sometimes even including civil servants and those involved with public welfare and health as public officials.

Public figures are separated into two categories — all purpose public figures and limited purpose public figures.

  • All purpose public figures are easily identified as movie stars, famous athletes, or CEOs of powerful companies.
  • Limited purpose public figures and officials are people who insert themselves into the public spotlight, usually for specific public matters. Examples might be a restaurant owner who is speaking out about parking near his establishment, or a school teacher who is speaking about a school matter.

How deep into the controversy the limited purpose public figure delves can enhance his public standing. Though he would still be considered a public figure who would need to prove actual malice, the proof would be limited to the public matter he is involved in. In matters other than the controversy, he could still be considered a private figure.

The laws and penalties regarding libel lawsuits vary for each state; however Ohio law presents a fair and clear representation of libel, and is used in this article to offer a basic understanding of defamation and libel civil law. The information contained in this article should not be construed as legal advice, and those facing a defamation lawsuit should seek legal counsel immediately.

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