A plaintiff must prove either knowledge of falsity or reckless disregard for the truth to show malice.

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This is known as the "actual malice" standard of defamation law established by the landmark Supreme Court case New York Times Co. v. Sullivan. In order for a public figure or official to successfully sue for defamation, they must prove that the defendant had knowledge of the falsity of their statements or acted with reckless disregard for the truth. The standard is more lenient for private individuals, who need only show that the defendant acted negligently in making a false statement about them.

A Plaintiff Must Prove Either Knowledge of Falsity or Reckless