In libel cases, the plaintiff has the burden of proof to show that the defendant’s actions satisfy all six elements of libel: (1) The statement must be a statement of fact, (2) the statement must be published, (3) the statement must be “of and concerning” the plaintiff, (4) the statement must be defamatory, (5) the statement must be false, and (6) the defendant must be at fault for the statement. Fault can be established either through intent, which either entails reckless disregard for the truth or actual knowledge of the falsity, or through negligence. If the plaintiff fails to prove any of the six elements, the suit fails.
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