Section 5.40 Burden of Proving "Actual Malice"
| Library | Tort Law 2016 |
b. (§5.40) Burden of Proving "Actual Malice"
The quantum of proof required to establish actual malice is "clear and convincing" evidence. Williams v. Pulitzer Broad. Co., 706 S.W.2d 508, 512 (Mo. App. E.D. 1986). Under MAI 3.05 [1998 Revision]:
The burden is upon plaintiff to cause you to believe that the evidence has clearly and convincingly established that the [publication] . . . was false and that defendant [published it] with knowledge that it was false or with reckless disregard for whether it was...
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