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

In New Hampshire, a person is not required to prove actual malice to win a defamation claim. Defamation law in New Hampshire is primarily governed by the state’s common law. Generally, a plaintiff claiming defamation must demonstrate that the defendant published a false and defamatory statement of fact, of and concerning the plaintiff, that was unprivileged and was understood by the recipient to refer to plaintiff. Actual malice generally applies if a plaintiff is a public figure or the statement involves a matter of public concern. In that case, the statement must have been made with knowledge that it was false or with reckless disregard as to its truth or falsity. If the plaintiff is not a public figure, the plaintiff must only prove that the statement was made negligently, meaning that the defendant had to know or should have known that the statement was false at the time it was made. In conclusion, while actual malice is often a factor in determining the liability of the defendant in a defamation lawsuit, it is not required in order to win a claim in New Hampshire. In cases of private libel, the plaintiff only needs to prove negligence.

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

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