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

A public figure is an individual who voluntarily enters the public arena and becomes the subject of public attention and public discussion, or one who has achieved notoriety or fame. In South Dakota, public figures are held to a higher standard when it comes to filing a defamation lawsuit. Defamation is a false statement of fact, rather than opinion, that harms someone’s reputation. In order for a public figure to win a defamation claim in South Dakota, the plaintiff must prove that the defendant acted with “actual malice,” which means that the defendant knew the statement was false or acted with reckless disregard of its truth or falsity. This means that a plaintiff can’t win a defamation claim for a statement of opinion. Since the plaintiff must prove that the defendant was aware of the false statement or acted with reckless disregard of its truth or falsity, it puts the public figure in a difficult position to prove that the defendant acted maliciously. This is why it is much more difficult for a public figure to win a defamation claim compared to a private figure. In conclusion, a public figure in South Dakota is held to a higher standard when it comes to filing a defamation claim than a private figure. In order for a public figure to win a defamation claim, they must prove that the defendant acted with actual malice, which is very difficult to do.

Related FAQs

Does a person have to prove that the defendant knew or should have known the statement was false?
Is a person allowed to use the defense of good faith in a defamation lawsuit?
Are there any restrictions on the content of a settlement agreement in a defamation case?
What is considered a false statement in a defamation lawsuit?
What are “per se” defamatory statements?
Are websites protected from liability for content published by its users?
Is a person required to prove actual malice to win a defamation claim?
What are the elements of a defamation claim?
Is a person required to notify the other party before filing a defamation lawsuit?
What is the difference between defamation per se and defamation per quod?

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

Related FAQs

Related Blog Posts