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 to win a defamation claim in South Dakota. Defamation is generally defined as a false statement of fact communicated to others that tends to harm or injure another’s reputation. In South Dakota, an individual can bring a claim for defamation when a statement has been communicated to a third person without privilege or authorization, which is defamatory, and results in damages. While some states may require a plaintiff to prove that the statement was made with malice, South Dakota does not. Rather, the burden is on the defendant to prove that the statement was true or that they had a valid privilege in making the statement. Therefore, a person does not need to establish a special standard of malice to win a defamation claim in South Dakota.

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

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