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Understanding fault in defamation cases is crucial for both plaintiffs and defendants, as it determines liability for harmful statements. This blog post explores the intricacies of defamation law, including common law rules and the standards for public officials versus private individuals, helping you navigate these complex issues with the guidance of an attorney near you.
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Explore the complexities of fault required for defamation, including common law rules, public officials, and private persons. Learn how the actual malice standard impacts defamation cases and discover defenses against claims. Find an attorney near you to navigate these intricate legal matters effectively.
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personal-injury/common-personal-injury-cases-legal-implications/what-are-defamation-libel-slander-privacy-issues/exploring-defamation-legal-principles-libel-slander/what-is-fault-required-for-defamation-actual-malice
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Flat vector illustration comparing defamation liability for public figures and private individuals. A journalist publishes a news article about a public official labeled "Proof of Malice Required," while a private individual reacts to defamatory speech labeled "Negligence Standard." Legal symbols like a gavel and scales of justice are in the background.
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Mar 3, 2025 08:32 PM
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What is Fault Required for Defamation? Everything You Need to Know
A defamation case focuses on whether the defendant is at fault for publishing defamatory statements. Common law rules, or rules created through judicial history, created strict liability on the part of the defendant. This meant that a defendant could be liable in a civil lawsuit for defamation merely for publishing a false statement, even if the defendant was not aware that the statement was false.
💡 For every post in this series, scroll down to “Related Posts.”
Common Law Rules
Under common law, a defamation lawsuit plaintiff only needed to prove that a statement was defamatory. The court then presumed that a false statement of fact existed. The rules did not require that the defendant know that the statement was false or defamatory in nature. The only requirement was that the defendant must have intentionally or negligently published the information.
Public Officials and Public Figures
Defamation of character goes beyond a plaintiff's reputation as a private figure. In New York Times v. Sullivan, the Supreme Court recognized that strict liability rules in defamation cases could lead to undesirable results. This was especially true in defamation actions involving members of the press reporting on the activities of public officials.
Under the rules set forth in Sullivan, a public official cannot recover from a person who publishes a harmful statement about a public official unless either:
- The defendant knew that the statement was false
- The defendant acted in reckless disregard of the statement's truth or falsity
This standard is referred to as actual malice. Malice, in this sense, does not mean ill will. Instead, the actual malice standard refers to the defendant's knowledge of the truth or falsity of the statement.
Private Persons
Speech may be directed at a person who is neither a public official nor a public figure. The case of Gertz v. Robert Welsh, Inc. and subsequent decisions have set forth different standards. The Court in Gertz determined that the actual malice standard established in New York Times Inc. v. Sullivan should not apply where speech concerns a private person.
Other Considerations: Defenses & Damages
Suppose a defendant posts a statement about another person on social media. In general, an affected plaintiff can't win a defamation claim if the communication:
- Is a true statement (truth is an absolute defense)
- Comes off as a statement of opinion to a reasonable person
- Is made with qualified privilege (legal protection)
- Is made with absolute privilege (another type of legal protection)
Conclusion
It's not always easy to prove defamation, whether it's libel or slander. A defendant may or may not be at fault for damaging speech. These cases tend to be quite complex, so your claim may benefit from some legal expertise.
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