What is the standard of proof in a defamation lawsuit?

In Idaho, the standard of proof in a defamation lawsuit is by a preponderance of the evidence. This means that the plaintiff must prove that the allegedly false statements were more likely than not to have been defamatory. For the defendant to win the case, they must prove that the disputed statements are true. In addition, in order for the plaintiff to succeed in a defamation lawsuit, they must prove that the defendant acted with actual malice or with negligence. Actual malice is defined as the defendant making a statement or distributing material that they knew was false or with reckless disregard for whether it was true or false. Negligence is defined as when the defendant failed to exercise reasonable care in the preparation of the statement or in failing to investigate whether the statement was true or false. In Idaho, any person can be held liable for making a defamatory statement, whether intentionally or not, as long as the statement is found to be false and harms the reputation of another person or organization. It is important to note that defamatory statements that are true cannot be the subject of a defamation lawsuit, as truth is an absolute defense.

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What is the standard of proof in a defamation lawsuit?

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