What is the standard used in U.S. defamation claims?
The U.S. Supreme Court has recognized that a balance must be found between an individual’s right to protect his reputation from defamatory statements and the public’s right to freedom of speech. To hold a defendant liable for the publication of any false statement of fact would have a severe chilling effect on the reporting of news issues which are important to the public interest. Accordingly, when an allegedly defamatory statement is made about a member of public office or a public figure, such as a celebrity, it’s not enough to prove the falsity of the statement in dispute. U.S. courts require such public plaintiffs to show both falsity and actual malice. This actual malice standard requires the plaintiff to show by clear and convincing evidence that the defendant knew the material was false, or published the material with reckless disregard for the truth.
