Defamation With Malicious Intent In Nevada
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Malicious falsehood is defined as a false statement that is made maliciously (intentionally with knowledge of its falsehood, or with reckless disregard for the truth). When malicious falsehood occurs, it can give rise to a civil lawsuit for either libel or slander.
The most common defenses to defamation are: 1) truth; 2) consent; 3) privilege; and 4) the statute of limitations. Perhaps the most distinct aspect of the defamation cause of action is that falsity is required.
Defamation – Slander A claim for slander includes the elements for defamation, which are: “(1) a false and defamatory statement, (2) unprivileged publication to a third person, (3) fault, amounting to at least negligence, and (4) actual or presumed damages.” Additionally, the defamatory statement must be made orally.
Actual malice is one of the two levels of fault that apply in a defamation case. It means the speaker knew they were making a materially and substantially false statement. They spoke with knowledge that what they said was false, or they spoke with reckless disregard to whether it was false or not.
Malicious intent refers to a deliberate and intentional desire to cause harm, damage, or injury to someone or something. It is a type of misconduct that is not driven by ignorance or laziness, but rather by a conscious decision to act in a harmful manner.From: Fraud and Misconduct in Biomedical Research 2019
Also known as injurious falsehood, malicious falsehood is a legal cause of action that arises when someone makes a false statement that disparages another person's property or goods. This is different from defamation, which concerns false statements that harm an individual's personal reputation.
Truth, or substantial truth, is a complete defense to a claim of defamation.
Negligence and malicious intent. In order for a statement to be considered as defamation, it must have been made with the knowledge that it was false. A private citizen must show that the defendant knew (or should have known) the statement was false before giving it, but decided to give it anyway.
Truth is the first, and easiest, defense to a defamation claim. As discussed in the elements of defamation, the statement about you must have been false. If a Defendant can show that the statements were true, or even substantially true, then they could defeat a claim for defamation.
