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

No, in Idaho, a person does not have to establish a special standard of malice to win a defamation claim. Instead, the person needs to prove that the statement made was false, that the statement was communicated to a third-party, and that the statement caused damage to the person’s reputation. Even if the statement was made in good faith and without bad intent, the person who made the statement is still liable for harm done to the plaintiff. The only case when a higher standard of malice needs to be established is when a public figure is suing for defamation. In this case, the plaintiff would have to prove that the statement was made with actual malice, meaning that the defendant knew the statement was false or made the statement with a reckless disregard for the truth. This higher standard of proof exists to protect freedom of the press and to prevent the chilling of public discourse. In Idaho, the type of damages that can be awarded for a successful defamation claim could include, but are not limited to, financial damages for lost income, emotional distress, punitive damages, and the cost of medical treatment. Defamation can be a serious issue and those who find themselves in such situations should seek the advice and counsel of a knowledgeable attorney.

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

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