Does a person have to establish a special standard of malice to win a defamation claim?

In California, a person pursuing a defamation claim does not have to establish a special standard of malice. Under California law, defamation is considered a tort—a wrongful act or interference with one’s person or property that causes the injured party to suffer harm. A person may pursue a tort claim if their reputation has been damaged by false statements. To succeed in a defamation claim in California, the claimant must prove that the false statement was published, made of or concerning them, and caused them some harm or damage. Generally, malice does not need to be proven in a defamation claim. However, if the claimant is a public figure, they must establish that the defendant acted with “actual malice.” This means that the defendant knew or had reckless disregard for the truth when making a statement. This higher burden of proof applies to public figures because they are usually in the news and have more influence on public opinion. Overall, a person does not have to establish a special standard of malice to win a defamation claim in California. However, if the claimant is a public figure, they must demonstrate that the defamatory statement was made with actual malice. It is important to note that there are other aspects that must be established in order to prevail in a defamation claim.

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Does a person have to establish a special standard of malice to win a defamation claim?

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