Legal Dictionary of Pakistan

actual malice

1 The deliberate intent to commit an injury, as evidenced by external circumstances. - Also termed express malice; malice in fact. Cf. implied malice. 2. Defamation. Knowledge (by the person who utters or publishes a defamatory statement) that a statement is false, or reckless disregard about whether the statement is true. 0 To recover for defamation, a plaintiff who is a public official or public figure must overcome the defendant's qualified privilege by proving the defendant's actual malice. And for certain other types of claims, a plaintiff must prove actual malice to recover presumed or punitive damages. - Also termed New York Times malice; constitutional malice.