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

In South Dakota, a person does not need to prove actual harm in order to sue for libel. Libel is a form of defamation that is defined as “the act of publishing false or unflattering information about a person or organization”. In South Dakota, libel is considered a civil offense, which carries with it civil penalties. This means that the person who was defamed may file a lawsuit against the person or organization who published the false information. In South Dakota, a plaintiff does not need to prove actual harm in order to sue for libel. The law presumes that a person’s reputation has been damaged by the publication of false information. All that is required is that the defendant published a false statement and that it was published with malicious intent. Malicious intent means that the statement was published with the intent to cause harm or injury to the plaintiff. Because libel carries with it the presumption of harm, the plaintiff does not need to prove actual harm. However, if the plaintiff wishes to recover monetary damages, he or she must prove that the false statement caused actual damages. This could include damages such as lost wages, suffering of emotional distress, or damage to reputation. In conclusion, a person does not need to prove actual harm in order to sue for libel in South Dakota. A plaintiff needs only to prove that a false statement was made, it was published with malicious intent, and it caused damage in order to recover damages.

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

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