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

Yes, a person must demonstrate actual harm in order to sue for defamation in Minnesota. Defamation is the act of making a false statement that damages a person’s reputation. Minnesota law states that a plaintiff must show that they have suffered an actual harm in order to succeed in a defamation lawsuit. Actual harm has been traditionally interpreted as economic damages, such as lost wages or lost business as a result of the defamation. However, Minnesota courts have recently held that actual harm can also include non-economic damages, such as mental anguish and emotional distress. In addition to demonstrating actual harm, the plaintiff must also prove the elements of libel or slander. In Minnesota, if a statement is made about a private figure, the plaintiff must prove that the statement was made with “actual malice”--that is, the speaker intended to harm the plaintiff’s reputation and the statement was made without considering the truth of the statement. If the statement is about a public figure, the plaintiff must prove that the statement was made with a “reckless disregard for the truth.” In sum, a plaintiff in Minnesota must demonstrate actual harm and prove either actual malice or a reckless disregard for the truth in order to sue for defamation. This protects individuals from being wrongfully accused of making false or damaging statements and gives the plaintiff the opportunity to be compensated for the damage done to their reputation.

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

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