What kind of proof is required to win a defamation lawsuit?
In Pennsylvania, to win a defamation lawsuit, a plaintiff must be able to prove the following: 1. The defendant made a false statement of fact about the plaintiff that was published to at least one other person; 2. The defendant knew that the statement was false or they made the statement with reckless disregard for the truth (that is, they had no way to know whether the statement was true or false); 3. The false statement caused harm to the plaintiff’s reputation, and; 4. The plaintiff suffered some type of actual damages, such as loss of income or emotional distress. In certain cases, a plaintiff may also have to prove “actual malice.” This means that the defendant made the statement with knowledge of its falsity or with reckless disregard for whether it was true or false. If the defamer is a public figure, the plaintiff must also prove that the false statement was made with “actual malice.” In other words, it is not enough for the plaintiff to prove the false statement caused harm to his reputation. He must also prove that the statement was made with malicious intent. The burden of proof is always on the plaintiff. Therefore, it is important that the plaintiff present clear and convincing evidence to the court that the statement was both false and malicious.
Related FAQs
Is it possible for a person to retract a statement before filing a defamation lawsuit?Are public officials given additional protection from defamation claims?
Are there any defenses available to an employer against a defamation claim?
How does defamation law differ from state to state?
Are statements made in the media protected by defamation law?
Does a defendant have to prove truth in order to avoid liability for defamation?
Are threats considered defamation?
Is a statement considered defamatory if it is made on a blog or social media site?
What is the difference between libel and slander in terms of damages?
What is a public figure and how does it affect a defamation claim?
Related Blog Posts
The Basics of Defamation Law: What Every Business Owner Should Know - July 31, 2023How to Protect Your Brand from False Claims with Defamation Law - August 7, 2023
Understanding the Basics of Defamation Law to Safeguard Your Reputation - August 14, 2023
Defend Your Brand: Essential Advice on Defamation Law - August 21, 2023
Safeguard Your Business: Learn How Defamation Law Can Help - August 28, 2023