What is the difference between public and private figures in a defamation claim?

The major difference between public and private figures in a defamation claim in Virginia is the burden of proof. Public figures are held to a higher standard, in that they must prove “actual malice” in order to succeed in their defamation suit. Actual malice means the person making the statement must have either known the statement to be false, or acted with reckless disregard for the truth or falsity of the statement. In contrast, private figures must only prove that the statement was false, and that it was acted upon negligently. Additionally, a public figure in Virginia must be able to prove that the statement was made with the knowledge that it was false. This means that the person who made the statement was aware that it was wrong. Private figures in Virginia are not held to this same standard, and they only need to prove that the statement was acted upon negligently, which is easier to prove. The distinction between public and private figures is an important one in Virginia because it sets the bar for what is required to succeed in a defamation suit. For public figures in Virginia, the standard of proof is much higher compared to private figures. This higher standard exists to protect the public’s right to freedom of speech, and provides for greater discussion and debate on the topics that matter.

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What is the difference between public and private figures in a defamation claim?

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