What is a public figure and how does it affect a defamation claim?

A public figure is a person who is well-known in society due to their involvement in a public activity, either through their political office, professional career, or media coverage. As such, defamation claims filed by public figures in New Hampshire have a much different standard of proof than claims filed by private citizens. Public figure claimants must prove more than just the typical elements of defamation- including the false statement, published statement, harm to reputation, and some level of fault by the media- they must also prove that the media acted with “actual malice”. This means that the media must have either knowingly published a false statement or have done so with a reckless disregard for whether the statement was false or not. This is a much higher standard than merely showing that the publisher made a mistake or acted negligently. In contrast, private citizens in New Hampshire only need to show that the false statement was made, that it was published, and that it resulted in harm to their reputation. They do not need to show that the media acted with actual malice. Overall, the distinction between a public figure and a private citizen makes a huge difference in defamation claims in New Hampshire. Public figures must prove not only that a false statement was made and published, but also that the media acted with actual malice- a much higher standard. Private citizens have an easier task of showing that a false statement was published and caused harm to their reputation.

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