Filed July 25, 2016
Plaintiff must prove actual malice by “clear and convincing evidence.” Live Oak Publishing Co. v. Cohagan, 234 Cal.App.3d 1277, 1288 (1991). Malice will not be found by mere negligence.
Filed January 31, 2011
By means of its public broadcast, plaintiff “thrusts itself into the public eye on a daily basis, seeking public attention … [it has] voluntarily exposed [itself] to public scrutiny and must accept the consequences …." Stolz, 30 Cal. App. 4th at 205 (citing Live Oak Publishing Co. v. Cohagan, 234 Cal. App. 3d 1277, 1289 (1989). Moreover, the radio broadcaster was “less vulnerable to injury from defamation because of its ability to resort to effective self-help through access to the media.