How do you determine the difference between a “public concern” and a “private concern” in a defamation lawsuit?

In Colorado, determining the difference between a “public concern” and a “private concern” in a defamation lawsuit is an important concept. The court will look at the context of the conversation and the subject matter when determining whether it is a public or private concern. For something to be considered a public concern, it must relate to an issue of public interest or policy. This could include topics such as crime, government, politics, health, or education. Public issues are those which the public as a whole has an interest in. On the other hand, a private concern is an issue that is of more personal interest. This could include personal disputes between two people, private business matters, or family issues, for example. Private concerns are those which the public does not have an interest in. For an accusation to be considered defamatory, it must be both false and of public concern. The court will look to determine if the statement was related to a matter of public concern by examining the content, form, and context of the statement. If the statement is found to be false, but related to a private concern instead of public, then it will not be considered defamatory. If the court determines the statement is of public concern, then the plaintiff must be able to prove that the defendant acted with “actual malice” when making the statement. Meaning, they must prove that the defendant knew the statement was false and still made it, or that they acted with a reckless disregard for the truth. In conclusion, the court will look at the context of the conversation and the subject matter to decide whether a defamation lawsuit should proceed. If the court finds that the statement is of a public concern, then the plaintiff must be able to prove that the defendant acted with “actual malice”.

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How do you determine the difference between a “public concern” and a “private concern” in a defamation lawsuit?

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