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

In Virginia, the answer to whether a person has to establish a special standard of malice to win a defamation claim depends on whether the person suing is a public or private figure. Generally, a public figure must meet the higher standard of proving actual malice when alleging defamation. A public figure in Virginia is someone who has voluntarily assumed a position of public notoriety or prominence and has maintained a sustained or continuous public role or has voluntarily thrust himself or herself into a particular public controversy. Actual malice means the defendant acted with knowledge of falsity or reckless disregard for whether the statement was true or false. On the other hand, a private figure only needs to show that a defendant published the defamatory statement knowing that it was false or acted with a reckless disregard for its truth or falsity. Private figures are those who are not public figures, but have been involved in a particular controversy. Therefore, someone engaging in defamation in Virginia must be aware that the standard for defamation is higher for public figures than for private figures, and must understand what the legal term of “actual malice” means. If the plaintiff is a public figure and can establish that their statements were made with actual malice, they may be successful in a defamation lawsuit.

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

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