Question

Explain the concept of actual malice.

The threat of a libel suit could have a chilling effect on freedom of the press and on the public's rights to information. Hence, the law has a different standard for imposing liability when the printed matter concerns an issue of public interest and concern. If the person involved is a public official or figure, a plaintiff seeking damages for emotional distress caused by offensive publications must prove actual malice in order to recover. Actual malice includes knowledge that the printed statements are false or circumstances showing a reckless disregard for whether they are true or not. If the plaintiff is not a public figure or public official, there is liability for libelous statements without proof of malice.


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