Wiktionary
n. (context legal English) In United States defamation law, the level of knowledge that must be demonstrated for a public figure to prevail as a plaintiff in a lawsuit for defamation; the defendant must have either known that information published about the plaintiff was false, or must have shown reckless disregard for the truth by not a making simple inquiry or investigation which would have disclosed it.
Wikipedia
Actual malice in United States law is a condition required to establish libel against public officials or public figures and is defined as "knowledge that the information was false" or that it was published "with reckless disregard of whether it was false or not." Reckless disregard does not encompass mere neglect in following professional standards of fact checking. The publisher must entertain actual doubt as to the statement's truth. This is the definition in only the United States and came from the landmark 1964 lawsuit New York Times Co. v. Sullivan, which ruled that public officials needed to prove actual malice in order to recover damages for libel.
This term was not newly invented for the Sullivan case, but was a term from existing libel law. In many jurisdictions proof of "actual malice" was required in order for punitive damages to be awarded, or for other increased penalties. Since proof of the writer's malicious intentions is hard to provide, proof that the writer knowingly published a falsehood was generally accepted as proof of malice, under the assumption that only a malicious person would knowingly publish a falsehood. In the Sullivan case the Supreme Court adopted this term and gave it constitutional significance, at the same time defining it in terms of the proof which had previously been usual.
Actual malice is different from common law malice which indicates spite or ill-will. It may also differ from "actual malice" as defined in state libel law, as was confirmed in the case of Carol Burnett v. National Enquirer, Inc. (1983). Also see HERBERT v. LANDO, (1979) 441 U.S. 153 (1979)441 U.S. 153 fn 12; "The existence of actual malice may be shown in many ways. As a general rule, any competent evidence, either direct or circumstantial, can be resorted to, and all the relevant circumstances surrounding the transaction may be shown, provided they are not too remote, including threats, prior or subsequent defamations, subsequent statements of the defendant, circumstances indicating the existence of rivalry, ill will, or hostility between the parties, facts tending to show a reckless disregard of the plaintiff's rights..."
Usage examples of "actual malice".
And if celebrities wanted to sue, they had to prove that what was being said about them were lies, which was often impossible to do, and they also had to prove that they'd suffered a loss of income as a result, or the impaired ability to make a living, and they had to prove yet again that what had been said had been said in actual malice.
In some cases, actual malice or intent, in the common meaning of those words, is an element in crime.
Or it may be actual malice, by which is meant the deliberate choice of evil, which is called the sin against the Holy Ghost.
He shouted terms that would have earned anyone else a free slit throat from a variety of interesting ethnic weapons - and he got away with it, partly because it was clear that there was no actual malice there but mainly because he was, well, Cohen, a sort of basic natural force on legs.
This is in fact counterf actual malice spread by Colonel Malenfant's turf-warrior enemies.