Is a person required to prove actual malice to win a defamation claim?

In Colorado, a person making a claim of defamation does not need to prove "actual malice" in order to prevail in the claim. Generally speaking, a person making a claim of defamation must show that there was a false statement of fact made, that the statement was unprivileged, and that the statement caused harm. Actual malice is a higher legal standard that is often required when the person making the claim is a public figure. This higher standard requires the person making the claim to show that the statement was made with "knowledge that it was false or with reckless disregard for the truth." In Colorado, a person making a claim of defamation does not need to prove actual malice in order to win the case. However, if the person making the claim is a public figure, they may have to provide additional evidence to support their case. If the person making the claim is not a public figure, the burden is lower and actual malice does not have to be proven in order to succeed in the claim.

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