Does a plaintiff need to prove actual knowledge or reckless disregard in a libel case?

In New Hampshire, it depends on who the plaintiff is in a libel case. Generally speaking, actual knowledge and reckless disregard are both elements of proof in a libel case, but it depends on the status of the plaintiff. If the plaintiff is a private person, then he/she must prove that the defendant had actual knowledge or acted with reckless disregard of whether the statement was false. However, if the plaintiff is a public figure (in New Hampshire this includes elected officials, political candidates, government employees who have gained notoriety, and people who voluntarily inject themselves into public controversy), then the plaintiff must prove that the defendant had actual knowledge or acted with actual malice, which is a higher standard. In either case, the plaintiff must prove that the defendant was aware of the falsity of the statement or at least acted with the reckless disregard of whether the statement was false. The burden of proof is on the plaintiff, which means that he/she must provide sufficient evidence to prove that the defendant had actual knowledge or acted with reckless disregard. If these elements cannot be proven, then the plaintiff may not be able to succeed in bringing a successful defamation claim.

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Does a plaintiff need to prove actual knowledge or reckless disregard in a libel case?

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