Does a plaintiff need to prove actual knowledge or reckless disregard in a libel case?
In Virginia, a plaintiff must prove actual knowledge or reckless disregard in a libel case. This is known as the "actual malice" standard. It was established in the 1964 Supreme Court case of New York Times Co. v. Sullivan. To prove "actual malice," a plaintiff must show that the defendant knew that the statement was false or that they acted with a reckless disregard for whether it was true or false. Specifically, this means that the defendant must have acted with actual awareness of the falsity of the statement or acted with a reckless disregard for its truth. Such recklessness may be shown if the defendant was made aware of the potential falsity of the statement, but failed to make reasonable efforts to investigate the truth of the statement. In other words, a plaintiff must prove that the defendant acted with the intention to harm the plaintiff by knowingly publishing false information, or that the defendant acted with a reckless disregard for the truth of the statement. This standard was created in order to protect public figures from baseless or false statements, and help ensure freedom of speech.
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