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Imagination TV, Inc. IMTV
Posted On: 10/05/2012 2:02:44 PM
Post# of 45510
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Posted By: Flytastic

Interesting read regarding Pennyhustle's latest remarks. Why iHub gets away with what they do.


"http://www.chillingeffects.org/defamation/faq.cgi#QID411"




Question: What is Malice or "Actual Malice"?


Answer : Malice is often defined as, "the intent, without justification or excuse, to commit a wrongful act." It is the conscious, intentional wrongdoing with the intent of doing harm to do the victim. In many civil cases, a finding that a defendant acted with malice will often open the door to liability or increased damages, such as punitive damages. "Actual malice" is a legal term of art that is mainly relevant to defamation claims. "Actual Malice" is found to be present when a false statement is published with either a) actual knowledge of its falsity or b) reckless disregard for its falsity-- a "should have known" standard. One cannot be held liable for publishing untrue statements about public figures (or companies) without being found to have acted with "actual malice".














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