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

In Oklahoma, a person does not have to prove that the defendant knew or should have known the statement was false in order to win a defamation lawsuit. Defamation is usually a civil wrong, meaning that it is the responsibility of the plaintiff (the person who was defamed) to prove that the defendant either made a false statement or published the false statement recklessly or negligently. This means that the plaintiff must show that the defendant had no basis for making the statement or that the statement was made without taking the necessary steps to determine its truth or falsity. Therefore, while the defendant’s knowledge or willful disregard of falsity is certainly something the plaintiff will need to prove in some circumstances, willfulness is not always required. The plaintiff can still succeed in a defamation lawsuit if the defendant was negligent or reckless in the manner he or she published the statement. Additionally, in some cases – such as when the plaintiff is a public figure – the plaintiff must prove actual malice, meaning that the defendant knew the statement was false and published it anyway. Overall, whether a person has to prove the defendant’s knowledge or disregard of truth or falsity depends on the circumstances of the case, as the standard of proof varies depending on how the statement was made and who the plaintiff is.

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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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