Public figure explained

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

The 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]

• 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.^{[5] [6]}

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.^[7]

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.^[8]

See also

• Gertz v. Robert Welch, Inc. (1974)
• Curtis Publishing Co. v. Butts (1967)
• Hustler Magazine v. Falwell (1988)

Further reading

• 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.

Notes and References

1. Wise . Richard M. . 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 . 1 January 1983 . 6 . 2 . 326.
2. Fliegel . Rod M. . 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 . January 1992 . 22 . 1 . 235.
3. Book: Shiffrin, Steven H.. The First Amendment. 2006. Thomson/ West. St. Paul, MN. 978-0-314-16256-4. 58–60.
4. Web site: Who is considered a public figure? . June 19, 2023 . PBS.
5. Web site: Focus on the Law: Defamation . Frankenberg . Sharon . The Knoxville Focus . 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..
6. Web site: Facebook v. Sullivan . Klonik . Kate . October 1, 2018 . The Knight First Amendment Institute at Columbia University . 18-06 Knight First Amend. Inst. . 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.”.
7. News: Dotinga. Randy. Are You a 'Public Figure'?. Wired. 9 November 2005.
8. Web site: Online Defamation Law. Electronic Frontier Foundation. 11 December 2017. 2011-08-26.