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

In Pennsylvania, whether or not a person has to prove that a defendant knew or should have known a statement was false depends upon the type of defamation. Generally, defamation is a false statement that is communicated with the intent to harm a person’s reputation. If the defamatory statement is published, the plaintiff typically has to prove that the defendant knew or reasonably should have known that the statement was false for it to be considered defamation. On the other hand, if the statement is considered slander, the plaintiff is not required to prove that the defendant knew or should have known that the statement was false. This is because oral defamation (slander) is considered to be more harmful than written defamation (libel), and thus, Pennsylvania follows what is known as a “strict liability” rule for slander, which means that even if a statement is unintentionally false, it can still be considered slanderous. When determining whether a statement is defamatory, courts in Pennsylvania will consider the “totality of the circumstances” to determine if the statement is false and if it caused harm to the plaintiff’s reputation. Therefore, it is essential to present evidence that shows a statement was false and caused harm to the plaintiff’s reputation in order to prove defamation under Pennsylvania law.

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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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