Also known as: knowledge of the falsity
Written by attorneys · grounded in primary & secondary sources — see below
Awareness by a publisher that a statement is untrue at the time of publication. This scienter element forms one component of the actual malice standard that public officials and public figures must prove in defamation actions and that applies to false-light claims.
Khalil Kabir, a prominent aerospace executive, sued a news outlet after it reported he had falsified safety data. The outlet's editor had reviewed internal documents showing the data was accurate yet published the accusation anyway. Kabir prevailed because the editor's awareness that the report was untrue satisfied the knowledge-of-falsity element.
Kite Finance published a statement that Kristopher Kurtz's firm was insolvent. Internal emails showed Kite's analysts knew the balance sheets were sound. The court allowed recovery because the analysts' knowledge that the insolvency claim was false met the required fault element.
Select any source to read its text and confirm it supports the definition.
Khadija Khan, a public-figure scientist, sued a magazine that printed a fabricated quote suggesting she endorsed a discredited theory. The reporter had deliberately changed her words to reverse their meaning. The alteration created knowledge of falsity because it materially distorted the original statement.
Karina Kovacs sued a tabloid that placed her in a false light by publishing staged photos implying criminal conduct. The tabloid's editor knew the images were fabricated yet ran the story. The knowledge-of-falsity showing satisfied the constitutional fault requirement for the false-light tort.
Kevin Kane, a city official, sued a blogger who accused him of taking bribes. The blogger possessed documents proving the payments were lawful campaign contributions but published the bribery claim anyway. The clear-and-convincing evidence of the blogger's knowledge that the statement was false established actual malice.
Kiara Kaur sued a television station that aired a segment portraying her as having committed fraud. Station executives knew the underlying documents had been misread but broadcast the segment anyway. The court required proof of knowledge of falsity to satisfy the First Amendment limits on the false-light claim.
Knowledge of falsity is the highest fault standard short of intent to harm. It requires proof that the defendant actually knew the statement was untrue, as opposed to merely failing to verify or entertaining doubts.
Supporting sources
No. The term focuses solely on the defendant's awareness that the statement was false. Ill will or spite may be relevant to other elements such as punitive damages but is not part of the knowledge-of-falsity inquiry.
Supporting sources
A plaintiff must prove knowledge of falsity when the plaintiff is a public official or public figure, or when a private plaintiff seeks presumed or punitive damages on a matter of public concern.
Supporting sources
A deliberate change to a quotation that materially alters its meaning demonstrates that the publisher knew the attributed statement was not what the speaker actually said, thereby satisfying the knowledge element.
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…could not make such a showing and submitted a supporting affidavit by the magazine's managing editor. The editor denied any knowledge of the falsity of the statements concerning petitioner and stated that he had relied on the author's reputation and on his prior experience with the accuracy and authenticity of the author's contributions…