How do you prove malice in a defamation lawsuit?

To prove malice in a West Virginia defamation lawsuit, plaintiffs must show that the defendant acted with ill-will or wrongful intent by either publishing a false statement of fact (known as libel) or making a false verbal statement (known as slander). In West Virginia, malice in defamation must be established by clear and convincing evidence, which is a higher standard for proving one’s case than the preponderance of the evidence standard. Clear and convincing evidence is a middle ground between the two standards, which is higher than a preponderance of the evidence but lower than beyond a reasonable doubt. The evidence a plaintiff can present in a defamation case to prove malice can include emails, text messages, and other written correspondence from the defendant that explicitly expresses an intent to harm the plaintiff’s reputation. If the defendant was aware that the statement was false and made it anyway, that is evidence of malice. In addition, if the defendant was well aware of the potential harm the statement could cause to the plaintiff, the court can infer malice. Furthermore, if the defendant published the statement with reckless disregard for its truth, that is also evidence of malice. A plaintiff can also show malice by proving that the defendant was motivated by ill-will and a desire to hurt the plaintiff’s reputation.

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How do you prove malice in a defamation lawsuit?

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