What is the difference between public and private figures in a defamation claim?
Public figures and private figures in a defamation claim differ in the amount of evidence each must provide in order to win a case. Public figures are people who have achieved a certain level of notoriety in the public eye, like politicians, actors, or celebrities. These individuals must prove that the statement made about them was not only false, but was made with malice or knowledge that it was false. This means that the public figure had to prove that the speaker knew the statement was false when they uttered it. Private figures, on the other hand, only need to prove that the statement was false in order to win a defamation case. Private figures don’t need to prove that the speaker acted with malice, negligence, or even knowledge that the statement was false. In addition, private figures are protected from defamation if the speaker can prove that the statement was substantially true. In New Hampshire, a public figure must establish that the defendant acted with actual malice in order to prove a claim for defamation, while a private figure must prove only that the statement was false. This means that public figures have to prove that someone made a false statement against them with malicious intent, while private figures have it much easier and need only to show that the statement was false.
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