What is the standard of proof for defamation in civil litigation?

In California civil litigation, the standard of proof for defamation is “preponderance of the evidence”. Put simply, this means that to prove that a defendant has defamed the plaintiff, the plaintiff must show that it is “more likely than not” that the defendant made a false statement and that it harmed the plaintiff’s reputation. For cases of slander, or spoken defamation, the plaintiff must prove that a false statement was made to a third party, and that it harmed their reputation. In cases of libel, or written defamation, the plaintiff must also prove that the false statement was published, meaning it was released, transmitted, or made available to a third party. The standard of proof is considered lower in civil cases than in criminal cases. Generally, a plaintiff need only show that it is “more likely than not” that the defendant made the false statement and that it harmed their reputation in order to win their case. This is slightly different from the “beyond a reasonable doubt” standard of proof required by criminal cases, which is easier for a plaintiff to meet than the higher standard of proof in criminal cases.

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What is the standard of proof for defamation in civil litigation?

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