Does a person have to prove actual harm in order to sue for libel?

In Idaho, a person does not have to prove actual harm in order to sue for libel. Libel is defined in Idaho as a false statement that is intentionally published, intended to harm, and actually causes damage to the person’s reputation. Therefore, the law assumes that if a statement made about a person is false and is intended to harm, it has already caused harm to the person’s reputation. As such, actual proof of harm usually isn’t necessary in order to bring a defamation case. However, that doesn’t mean that there won’t be instances where actual harm must be proven. If the defendant can prove that the statement was true, not intended to harm, or was so outrageous that it was not likely to damage the person’s reputation, then the plaintiff may have to prove that actual harm was caused. In such cases, actual harm may be shown by providing evidence that others heard the statement and that it had a negative impact on the plaintiff’s reputation in the eyes of the community. Overall, proving actual harm is not usually necessary in order to sue for libel in Idaho. However, there may be cases where such proof is necessary in order to win a defamation case.

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