Is a person required to demonstrate actual harm in order to sue for defamation?

In Idaho, a person is not required to demonstrate actual harm in order to sue for defamation. However, in some cases, a plaintiff may be required to provide evidence of emotional distress or other forms of damages in order to receive a successful outcome in court. Idaho’s defamation law is guided by the Restatement (Second) of Torts, which provides that a person who has been wrongfully harmed by false statements can bring a civil lawsuit for damages. In such cases, the plaintiff must prove that the statement was false, published without privilege or authorization, causes harm, and that the defendant was at least negligent in making the statement. Establishing the harm caused by the statement is often the most difficult element of a defamation suit to prove. Generally, damages can be awarded for injury to reputation, negative emotional effects, and harm to quality of life and profession. Even without evidence of actual harm, a plaintiff may be entitled to punitive awards. However, a finding of punitive damages requires that the defendant acted with malice or reckless disregard for the truth.

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Is a person required to demonstrate actual harm in order to sue for defamation?

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