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Torts β’ Defamation
TORT#091
Legal Definition
Actual malice is knowledge that a statement was false, or with reckless disregard as to its truth or falsity.
Plain English Explanation
This means that a defendant must have made the false statement while knowing it was false, or going out of their way to avoid learning that it was false.
Related Concepts
In assessing a defamation claim, what must a plaintiff prove when a statement is a matter of public concern?
In assessing a defamation claim, what must a plaintiff prove when the issue is a matter of private concern?
In assessing a defamation claim, what must a plaintiff prove when they are a private person and the statement is a matter of public concern?
In assessing a defamation claim, what must a plaintiff prove when they are a public official or figure?
What is defamation?
What is libel?
What is libel per quod?
What is slander?
What is slander per se?
What may be used as defenses to a defamation claim?
When is absolute privilege a defense to defamation?
When is consent a defense to defamation?
When is qualified privilege a defense to defamation?
When is truth a defense to defamation?