California, United States of America
The following excerpt is from Jackson v. Paramount Pictures Corp., 68 Cal.App.4th 10, 80 Cal.Rptr.2d 1 (Cal. App. 1998):
The court warned that the defendant in a defamation action brought by a public official could not "automatically insure a favorable verdict by testifying that he published with a belief that the statements were true." (St. [68 Cal.App.4th 34] Amant v. Thompson, supra, 390 U.S. at p. 732, 88 S.Ct. 1323.) It would be up to the finder of fact to determine whether the publication was made in good faith. "Professions of good faith will be unlikely to prove persuasive, for example, where a story is fabricated by the defendant, is the product of his imagination, or is based wholly on an unverified anonymous telephone call. Nor will they be likely to prevail when the publisher's allegations are so inherently improbable that only a reckless man would have put them in circulation. Likewise, recklessness may be found where there are obvious reasons to doubt the veracity of the informant or the accuracy of his reports." (Ibid., fn.omitted.)
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