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 Washington. Generally, Washington law holds that a libelous statement is only actionable if it is made with either actual knowledge of the falsity of the statement or a reckless disregard of the truth or falsity of the statement. In other words, if the defendant could have verified the truth or falsity of the statement but failed to do so, the defendant may be held liable for defamation. In Washington, the actual knowledge or reckless disregard standard applies to both libel and slander cases, although the standard is higher in libel cases. Specifically, when the context of the statement is considered, the plaintiff must prove that the defendant either had actual knowledge of the falsity of the statement or acted with reckless disregard in making the statement. The actual knowledge or reckless disregard standard is consistent with the United States Supreme Court’s ruling in New York Times Co. v. Sullivan, which sets forth the “actual malice” standard for libel cases. Under this standard, a plaintiff must show that the defendant either knowingly published false statements or acted with reckless disregard as to their truth or falsity. This standard is necessary to protect free speech and prevent individuals from being held liable for simple misunderstandings or poor judgement.

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

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