Public figure
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Apublic figureis 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 ofdefamationactions (libel and slander) as well asinvasion 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 withactual maliceby knowing the falsity or by reckless disregard for the truth.[3]The legalburden of proofin defamation actions is thus higher in the case of a public figure than in the case of an ordinary person.
Libellaws 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
[edit]The controllingprecedentin the United States was set in 1964 by theUnited States Supreme CourtinNew York Times Co. v. Sullivan,which is considered a key decision in supporting theFirst Amendmentandfreedom 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:
- apublic figure,a public official or any other person pervasively involved in public affairs, or
- alimited purpose public figure,according toGertz 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 showMarried... with Children] werefair comments... within the confines of her public conduct [and] protected by Ms. Rakolta's status as a "limited public figure".[5]
- ainvoluntary 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]
- Gertz v. Robert Welch, Inc.(1974)
- 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.ISBN978-0-314-16256-4.
- ^"Who is considered a public figure?".PBS.RetrievedJune 19,2023.
- ^Larson, Aaron (May 8, 2018)."Defamation: Libel and Slander".ExpertLaw.com.Archived fromthe originalon 2021-01-19.
- ^Frankenberg, Sharon."Focus on the Law: Defamation".The Knoxville Focus.RetrievedAugust 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.RetrievedAugust 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.Retrieved11 December2017.