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

A public figure is someone who is in the public eye, such as a celebrity, politician, or other influential leader. A public figure has a higher burden when it comes to making a defamation claim than a private individual because a public figure must show that defamatory statements were made with actual malice. Actual malice means that the person making the statement was either aware of its falsity or recklessly disregarded the truth. In West Virginia, public figures must prove actual malice in order for a successful defamation case to be won. If a public figure is unsuccessful in proving actual malice, then the legal burden shifts to the defendant to prove that the statement was true or that it was an opinion not meant as a fact. This is a much higher burden to prove than a private individual who can simply prove that defamatory statements were false. Public figures also have less privacy than a private individual. In some cases, public figures must accept a certain amount of public scrutiny which can make it difficult to prove a libel or slander case. For example, a false statement that a politicians was involved in a scandal might not be actionable if it was made in a public setting or in a news article. Overall, public figures must prove actual malice for successful defamation cases, which is a much higher burden than a private individual has to face. As a result, public figures have less protection from libel and slander compared to private citizens.

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