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."[4]A "particularized determination" is required to decide whether a person is a limited purpose public figure, which can be variously interpreted:
A person can become an "involuntary public figure" as the result of publicity, even though that person did not want or invite the public attention. A person can also become a "limited public figure" by engaging in actions which generate publicity within a narrow area of interest. 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".
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.[5]
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.[6]
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.
- ^Dotinga, Randy (9 November 2005)."Are You a 'Public Figure'?".Wired.
- ^"Online Defamation Law".Electronic Frontier Foundation.2011-08-26.Retrieved11 December2017.