A public figure is a person who has achieved notoriety, prominence or fame 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.
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, those who have "thrust themselves to the forefront of particular public controversies in order to influence the resolution of the issues involved." A "particularized determination" is required to decide whether a person is a limited purpose public figure, which can be variously interpreted:[4]
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 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".
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]
^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.
^Aaron Larson: Defamation, Libel and Slander Law. Expertlaw.com, August 2003
^Dotinga, Randy (9 November 2005). "Are You a 'Public Figure'?". Wired.
public, figure, this, article, multiple, issues, please, help, improve, discuss, these, issues, talk, page, learn, when, remove, these, template, messages, this, article, needs, additional, citations, verification, please, help, improve, this, article, adding,. This article has multiple issues Please help improve it or discuss these issues on the talk page Learn how and when to remove these template messages This article needs additional citations for verification Please help improve this article by adding citations to reliable sources Unsourced material may be challenged and removed Find sources Public figure news newspapers books scholar JSTOR November 2022 Learn how and when to remove this template message The examples and perspective in this article deal primarily with the United States and do not represent a worldwide view of the subject You may improve this article discuss the issue on the talk page or create a new article as appropriate November 2022 Learn how and when to remove this template message Learn how and when to remove this template message A public figure is a person who has achieved notoriety prominence or fame 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 Contents 1 United States 2 See also 3 Further reading 4 ReferencesUnited 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 those who have thrust themselves to the forefront of particular public controversies in order to influence the resolution of the issues involved A particularized determination is required to decide whether a person is a limited purpose public figure which can be variously interpreted 4 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 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 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 United States portal Law portalGertz v Robert Welch Inc 1974 Curtis Publishing Co v Butts 1967 Hustler Magazine v Falwell 1988 Further reading EditAdams 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 Aaron Larson Defamation Libel and Slander Law Expertlaw com August 2003 Dotinga Randy 9 November 2005 Are You a Public Figure Wired Online Defamation Law Electronic Frontier Foundation 2011 08 26 Retrieved 11 December 2017 Retrieved from https en wikipedia org w index php title Public figure amp oldid 1127989753, wikipedia, wiki, book, books, library,
