How can I prove malicious intent in a defamation case?

Defamation is a libelous statement that is put into print.  Print used to mean just letters and newspapers, but with today’s digital world, print can also mean on the Internet.  In order to prove a defamation case, you must prove the following:

• The statement made about the victim was not true
• The statement was made to a third party (i.e. it was not discussed between the victim and another person)
• The statement caused harm to the victim
• There were damages to the victim

If an untrue statement is made about a public official, that public official must prove that there was also malicious intent in making that false statement.  Public officials are held to a different standard because it is expected as part of their public profile that more statements will be made about them. 

To prove malicious intent in a defamation case, the victim must show that the person making the false statement did so with the intention of causing harm to the victim’s reputation. 

This can be a difficult fact to prove, but many professionals are held to a higher standard when it comes to this factor, including journalists, who should know better than to publish information without checking the validity or truthfulness of the information before it is put into print.  Those who do this will often be charged with reckless intent. 

Talk to a personal injury attorney for a case review and for attaining legal advice regarding your options under personal injury laws.