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A public figure is a person who has achieved fame, prominence or notoriety within a society,[1] whether through achievement, luck, action, or in some cases through no purposeful action of their own.[2]
In the context of defamation actions (libel and slander) as well as invasion of privacy, a public figure cannot succeed in a lawsuit on incorrect harmful statements in the United States unless there is proof that the writer or publisher acted with actual malice by knowing the falsity or by reckless disregard for the truth.[3] The legal burden of proof in defamation actions is thus higher in the case of a public figure than in the case of an ordinary person.
Libel laws vary considerably on this matter from jurisdiction to jurisdiction. Even within a cultural grouping, the libel laws of the UK are quite different from those in the US, for example.
United States
editThe controlling precedent in the United States was set in 1964 by the United States Supreme Court in New York Times Co. v. Sullivan, which is considered a key decision in supporting the First Amendment and freedom of the press.
A fairly high threshold of public activity is necessary to elevate people to a public figure status. Typically, they must either be:
- a public figure, a public official or any other person pervasively involved in public affairs, or
- a limited purpose public figure, according to Gertz v. Robert Welch, Inc., is a person who has "thrust themselves to the forefront of particular public controversies in order to influence the resolution of the issues involved.", or engaged in actions to generate publicity within a narrow area of interest.[4]
For example, [jokes about] ... Terry Rakolta [an activist who spearheaded a boycott of the show Married... with Children] were fair comments ... within the confines of her public conduct [and] protected by Ms. Rakolta's status as a "limited public figure".[5]
- a involuntary public figure, is an individual who has become a public figure as a result of publicity, although they may or may not have voluntarily sought it out. This can include victims of crime, as well as those who commit crimes or are accused of it.[6][7]
Discussion of a person on the Internet may at times rise to the level that it causes the subject of discussion to be treated as an involuntary public figure.[8]
Corporations are not automatically treated as public figures, and defamation claims made by corporations are evaluated under the same standard as those made by individuals.[9]
See also
edit
- Curtis Publishing Co. v. Butts (1967)
- Hustler Magazine v. Falwell (1988)
Further reading
edit- Adams, Kate M. "(Re)defining Public Officials and Public Figures: A Washington State Primer." (Archive) Seattle University Law Review. Seattle University School of Law. Vol 23:1155-2000. p. 1155–1187.
References
edit- ^ Wise, Richard M. (1 January 1983). "The Athlete as Public Figure in Light of Gertz v. Robert Welch, Inc., or Torts in Sports: The Role of the Cour". Hastings Communications and Entertainment Law Journal. 6 (2): 326.
- ^ Fliegel, Rod M. (January 1992). "Newton v. National Broadcasting Co., Inc.: Evidence of Actual Malice, the Editorial Process and the Mafia in Public Figure Defamation Law". Golden Gate University Law Review. 22 (1): 235.
- ^ Shiffrin, Steven H. (2006). The First Amendment. St. Paul, MN: Thomson/ West. pp. 58–60. ISBN 978-0-314-16256-4.
- ^ "Who is considered a public figure?". PBS. Retrieved June 19, 2023.
- ^ Larson, Aaron (May 8, 2018). "Defamation: Libel and Slander". ExpertLaw.com. Archived from the original on 2021-01-19.
- ^ Frankenberg, Sharon. "Focus on the Law: Defamation". The Knoxville Focus. Retrieved August 17, 2024.
A person can become an involuntary public figure as a result of publicity, even though they did not want or invite the public attention. For example, people accused of high profile crimes, guilty or not, may be considered public figures on the basis of the notoriety associated with their case.
- ^ Klonik, Kate (October 1, 2018). "Facebook v. Sullivan". The Knight First Amendment Institute at Columbia University. 18-06 Knight First Amend. Inst. Retrieved August 17, 2024.
The Restatement (Second) of Torts defines involuntary public figures as "individuals who have not sought publicity or consented to it, but through their own conduct or otherwise have become a legitimate subject of public interest. They have, in other words, become 'news.'" The only examples given by the Restatement of such figures are "victims of crime" and "those who commit crime or are accused of it."
- ^ Dotinga, Randy (9 November 2005). "Are You a 'Public Figure'?". Wired.
- ^ "Online Defamation Law". Electronic Frontier Foundation. 2011-08-26. Retrieved 11 December 2017.