Defamation, in general, is designed to provide individuals with a remedy for false statements that harm their reputation. The level of fault you have to prove against the speaker of the defamatory statement varies depending on your status, however. This difference in burden of proof between these levels of Plaintiff is an incredibly nuanced distinction of defamation law, and can also apply to other claims beyond defamation. In this article, the defamation team at Buckingham describes the distinctions between defamation claims for public and private figures and how to understand the burden of proof required for each level.
Defamation Claims in General
Defamation claims for public and private individuals still involve the same elements. In order to prevail, a plaintiff must show that a defendant:
- Made a statement about the plaintiff
- The statement was false
- The statement was seen by others
- With the requisite degree of fault or mental state
- The statement caused damage to the Plaintiff
While these elements are generally applicable to all defamation-related claims, differences arise when discussing the status of the plaintiff, and courts have imposed stricter standards of proof for those who are considered public figures. Read more on PBS’ website.
Who Is a Public Figure?
When dealing with speech-related claims, and specifically defamation, a public figure is generally defined as a person who has assumed a role of specific prominence, or thrust themselves into the public eye. While there is no set list of jobs or professions that would qualify as a public figure, generally speaking politicians, celebrities, and other professions that place someone in the public eye are considered public figures. A private figure is the opposite: someone who has not sought out the spotlight or public attention.
In addition to this definition, Courts also recognize limited-purpose public figures. A limited-purpose public figure is defined as someone who interjects or participates in a public controversy or topic to the point where they are, or are trying, to influence the outcome of that controversy. Generally speaking, a limited-purpose public figure is someone who has become a prominent figure in a particular topic or area. While the person might not be a celebrity, they are well known within the community or the topic.
The difference between public figure and limited purpose public figure is that when a claim arises, the statements in question must be related to the topic for which someone is a limited purpose public figure for the increase in burden to apply, whereas all statements about a general purpose public figure are subjected to the higher burden of proof.
These designations are even more important in today’s online world, as Forbes reports that some influencers and other popular social media figures are being considered public figures or limited-purpose public figures, especially in special interest spaces on platforms like TikTok and Instagram. Having a large follower count can lead to a person being considered some form of public figure.
Why Is This Distinction Important?
The distinction between a public figure, or even a limited purpose public figure, versus a private figure is crucial in defamation law as it governs how a plaintiff can prove two critical elements of their defamation claim: the mental state of the defendant and damages.
Defendant’s Mental State
In defamation claims, as in most criminal and civil claims, a plaintiff is required to prove a certain level of mental state the defendant possessed when committing the offensive action. Basically, in some claims, you must show that a defendant acted negligently, or carelessly, while in others, a plaintiff must show the defendant acted purposefully or intentionally.
The designation of public versus private figure for a plaintiff in a defamation claim is important because it governs the burden of proof a plaintiff has in proving the mental state of the defendant. A public figure must prove that a Defendant acted with ‘actual malice’ in publishing a false statement about the plaintiff. Actual malice means that the person either knew the statement was false or showed such reckless disregard for the truth that they should have known the statement was false. A private figure, however, only has to show that a defendant was negligent in making the false statement.
Damages
In addition, a public figure in some jurisdictions must also show actual monetary damages arising from all defamatory statements, including those which qualify as defamatory per se. This means that regardless of the outrageousness of the statement, a public figure plaintiff will have to show direct, monetary loss arising from the publication of the statement before they can prevail on their claim. This again differs from a private plaintiff, who does not have to show direct monetary loss arising from statements which are defamatory per se.
This distinction is also important to understand for a bevy of claims outside of defamation. Courts in many jurisdictions have held that this distinction will apply to all speech-related claims, whether specifically named as defamation, including false light, tortious interference, and any breach of contract claim that arises out of someone’s speech.
Can a Public Figure File a Defamation Lawsuit?
The short answer to this question is yes, public figures and limited-purpose public figures can still file defamation and other speech-related complaints.
However, while defamation cases in general are very nuanced and difficult to navigate, those difficulties are doubled when dealing with a public figure. But these increased burdens are not designed to be a complete bar to defamation cases for public figures, they still have rights under the law and are free to pursue defamation and speech-related claims.
How Can a Public Figure File a Defamation Lawsuit?
A public figure can use the same steps as a private figure to file a lawsuit for defamation or other speech-related claims. The difference is that a public figure will want to specifically outline both the reasons why they believe the defendant acted with actual malice, and the exact ways in which they suffered economic harm. If you are a public figure, or potentially a limited-purpose public figure, you should find an experienced defamation attorney and schedule a consult before pursuing a defamation claim.
Knowing your status as a public versus private individual is a critical component to deciding whether to pursue a defamation claim. The increased burden of having to prove actual malice, as well as the need for cognizable monetary damages, raises the difficulty in pursuing these cases for public figures. However, an experienced defamation attorney can help even the most famous individual pursue a claim for defamation in the right circumstances.
