Actual Malice

How the laws define this

Both California Elections Code § 20010 and California AB 730 - Deceptive Audio/Visual Media in Elections agree that the core of actual malice is acting with knowledge that information or a statement was false, or with reckless disregard of whether it was false or not. This establishes a baseline standard centered on knowing falsity or reckless disregard. The principal divergence lies in the scope of conduct and legal application described by each instrument. Under California Elections Code § 20010, the standard applies specifically to the distribution of materially deceptive audio or visual media. By contrast, California AB 730 - Deceptive Audio/Visual Media in Elections frames actual malice as a legal standard primarily used in defamation cases involving statements. Compliance professionals must therefore distinguish between actions involving the distribution of deceptive audio or visual media under the elections code and general statements evaluated under defamation standards.

Synthesised from the 2 statutory definitions below. Each one is quoted in full, with its source.