Public figure
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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
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
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."[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] ...
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
- 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.
References
- ^ 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.
- ISBN 978-0-314-16256-4.
- ^ "Who is considered a public figure?". PBS. Retrieved June 19, 2023.
- ^ Dotinga, Randy (9 November 2005). "Are You a 'Public Figure'?". Wired.
- ^ "Online Defamation Law". Electronic Frontier Foundation. 2011-08-26. Retrieved 11 December 2017.