Asked by Ngo Cao Nguyen (K13_HCM) on May 07, 2024

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Describe the role of actual malice in a defamation case. Why do public figures have a greater burden of proof in a defamation case than private individuals?

Actual Malice

A standard of proof in libel and defamation law showing that the person made a statement with knowledge of its falsity or reckless disregard for the truth.

Defamation Case

A legal claim involving the making of false statements about someone, resulting in damage to that person's reputation.

Public Figures

Individuals who have gained prominence or notoriety in the community, making their actions and character of greater public interest and scrutiny.

  • Comprehend the role and significance of actual malice in defamation lawsuits, especially concerning public figures.
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SJ
Siddiq JamalMay 08, 2024
Final Answer :
Actual malice is real and demonstrated evil intent. In general, false and defamatory statements that are made about public figures (public officials and any persons in the public limelight) and that are published in the press are privileged if they are made without actual malice. To be made with actual malice, a statement must be made with either knowledge of falsity or a reckless disregard of the truth. Statements made about public figures, especially when they are made through the media, are usually related to matters of general public interest. Furthermore, public figures generally have access to the media to respond to defamatory statements. Hence, public figures have a greater burden of proof in defamation cases (they must prove actual malice) than do private individuals.