In a defamation lawsuit, what must a private figure prove?

In a defamation lawsuit involving a private figure, the plaintiff must generally prove that the defendant acted with negligence regarding the truth of the statement made. This standard is less stringent than what is required for public figures, who must demonstrate actual malice, meaning that the defendant knew the statement was false or acted with reckless disregard for the truth.

The negligence standard requires the private figure to show that the defendant failed to exercise reasonable care in determining the truth of the statement before making it. This can include failing to verify factual information or not taking necessary steps to ensure the accuracy of the statement. The focus is on the action's reasonableness rather than intent or motivation behind the statement.

Understanding the difference between the standards for private figures and public figures is crucial in defamation law. While public figures need to show actual malice, the threshold for private figures is lower, resulting in a more accessible route for them to prove their claims of defamation.