Does a plaintiff need to prove actual knowledge or reckless disregard in a libel case?
Yes, a plaintiff must prove actual knowledge or reckless disregard in a libel case. In the state of Minnesota, libel is defined by the Minnesota Libel and Defamation Law as “a false statement that is published or exhibited to a third person in writing or in a picture or other fixed representation.” In order to establish liability, a plaintiff must demonstrate that the defendant either knew the statement was false or acted in reckless disregard of the truth. The state of Minnesota has adopted the actual malice standard, which requires a plaintiff to prove actual malice in order to succeed in a libel suit. Actual knowledge means that the defendant knew the statement was false. Alternatively, reckless disregard means that the defendant had serious doubts about the truthfulness of the statement. This test requires the plaintiff to prove that the defendant had access to information that would have made a reasonable person question the truth of a statement. In order for a plaintiff to prove actual knowledge or reckless disregard, they must show that the defendant either had facts in their possession indicating the statement was false or a serious doubt as to its truthfulness. If a plaintiff can demonstrate either of these, then they can prevail in a libel case in Minnesota.
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