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

No, a person does not have to establish a special standard of malice in order to win a defamation claim in New Hampshire. The New Hampshire Supreme Court has established that a plaintiff must show that the defendant made a false and defamatory statement of and concerning the plaintiff; the statement was published to a third party; the defendant was at fault; and the plaintiff suffered harm as a result of the statement. In order for a plaintiff to win a defamation claim, he or she does not have to prove that a defendant acted with any special standard of malice. To prove that a defendant acted with “actual malice” in a defamation claim, a plaintiff must show that the defendant did not make the defamatory statement with due care and consideration for the truth and/or that the defendant knew the statement to be false or with reckless disregard of its truth. In general, the burden of proof is on the plaintiff to demonstrate that the defendant’s defamatory statement was indeed false. The defendant can also attempt to show that the statement made was true or that it was not of public concern. The plaintiff has the burden to prove the essential elements of defamation, and does not have to establish a special standard of malice.

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

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