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

In California, the answer to the question of whether a person has to prove that the defendant knew or should have known the statement was false is generally yes. This is because California has adopted a standard that requires a person who is claiming defamation to prove that the defendant was either aware that the statement was false, or that the defendant acted in spite of a high probability that the statement was false. The California Supreme Court has stated that in order for a plaintiff to prove a violation of California’s defamation law, the plaintiff must show that the defendant acted with “actual malice” — meaning that the defendant was aware that the statement was false, or was reckless in making the statement anyway. The Court further stated that “actual malice may be proven by demonstrating that the defendant acted in disregard of the falsity and the potential injury to the plaintiff’s reputation from the statement.” The Court has also noted that the plaintiff must show that the defendant was aware that the statement was false, or at least “should have known” that it was false. To put it another way, the plaintiff must show that the defendant’s actions evidenced a “high degree of awareness of probable falsity.” To sum it up, in California, a person claiming defamation must prove that the defendant knew or should have known the statement was false.

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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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