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

In Texas, civil litigation in the case of defamation requires proof of actual malice, otherwise known as “clear and convincing evidence”. This is a higher burden of proof than what is usually required in civil cases, which often only requires a “preponderance of evidence”. This means that when it comes to defamation, the court must be firmly persuaded that the statement made is false, and was made with knowledge that the statement is false or with reckless disregard for its truth or falsity. In order to meet the standard of proof for civil defamation cases, the plaintiff (the person bringing the suit) must prove that the defendant made a false statement, that it caused harm to the plaintiff’s reputation, and that the statement was made with actual malice. Actual malice may be found if the defendant acted with ill will, hatred, or a desire to hurt the plaintiff, or if the statement was made with a reckless disregard for its truth or falsity. It is important to note that truth is an absolute defense to defamation. If the statement made by the defendant is true, the plaintiff will not be able to prove actual malice and will not prevail in their case. The legal standard of actual malice in civil litigation for defamation cases is a high one, but it serves to protect individuals from having their reputations unjustly damaged through false and malicious statements.

Related FAQs

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

Related FAQs

Related Blog Posts