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Torts • Defamation
TORT#090
Legal Definition
Where the plaintiff is a public official or figure, they must prove that the defendant made the defamatory statement with actual malice. A person is a public figure when they are intimately involved in the resolution of an important public question, or—as a result of their fame—impact events in areas of societal concern. Damages are presumed, and punitive damages may be sought.
Plain English Explanation
When it comes to defamation, the law cares more about private, everyday, common citizens than it does about famous, powerful, or influential people. So when a plaintiff is a "public official" (politicians) or "public figure" (celebrities, or people who are currently newsworthy), the law requires them to prove that the defendant made their defamatory statement maliciously. This means that a defendant must have made the false statement while knowing it was false, or going out of their away to avoid learning that it was false.
Related Concepts
In assessing a defamation claim, what is actual malice?
In assessing a defamation claim, what must a plaintiff prove when a statement is a matter of public concern?
In assessing a defamation claim, what must a plaintiff prove when the issue is a matter of private concern?
In assessing a defamation claim, what must a plaintiff prove when they are a private person and the statement is a matter of public concern?
What is defamation?
What is libel?
What is libel per quod?
What is slander?
What is slander per se?
What may be used as defenses to a defamation claim?
When is absolute privilege a defense to defamation?
When is consent a defense to defamation?
When is qualified privilege a defense to defamation?
When is truth a defense to defamation?
