Does a person have to prove that the defendant knew or should have known the statement was false?

In Arkansas, a person must prove that the defendant either knew or should have known that the statement was false in order to establish a successful defamation claim. This is known as the "actual malice" standard. This means that the plaintiff must show that the defendant either knowingly made a false statement or recklessly disregarded the truth or falsity of the statement made. If the statement is found to be false, the plaintiff must also provide evidence that the defendant was aware of the falsity of the statement. In Arkansas, damages caused by defamation include both actual damages, which are damages that can be proven to be a direct result of the defamatory statement, and presumed damages, which are damages that are presumed to be caused by the statement but cannot be proven with certainty. The burden of proof is on the plaintiff to demonstrate that the defendant knew or should have known that the statement was false. If the plaintiff succeeds in doing this, then the defendant is liable for the damages caused by their statement and may have to pay the plaintiff a sum of money in compensation.

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Does a person have to prove that the defendant knew or should have known the statement was false?

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