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

No, a person in North Carolina does not have to establish a special standard of malice to win a defamation claim. In North Carolina, the law states that a party must provide evidence of four elements to prove a defamation claim. These elements are: (1) a false and defamatory statement concerning another, (2) the unprivileged publication of the statement to a third party, (3) fault amounting to at least negligence on the part of the publisher, and (4) actual or presumed damages. In many cases, proving the third element—fault amounting to at least negligence—will be sufficient to prove a person’s claim. This might be established by showing that the person who made the statement was aware that the statement was false or that they acted with reckless disregard for its truth or falsity. In other cases, a person might need to prove that the statement was made with “malice,” which means that the statement was made with knowledge that the statement was false or with reckless disregard for its truth or falsity. However, this is not a special standard of malice because it is the same standard used for determining fault. Therefore, a special standard of malice is not required to win a defamation claim in North Carolina.

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

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