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

In New Hampshire, it is important to understand the difference between a “public concern” and a “private concern” in a defamation lawsuit. This is because whether the subject matter of the statement is a public or private concern will affect the outcome of the case. When the statement is about a public concern, the person suing for defamation (the plaintiff) must prove that the statement was made with “actual malice”. This means that the defendant knew the statement was false, or that they acted with reckless disregard for whether it was true or false. On the other hand, if the statement is about a private concern, the plaintiff does not have to prove actual malice. They only have to prove that the statement was made negligently. In order to determine whether a statement is a public or private concern, courts look at the content, context, and the motives of the person making the statement. Generally, statements about a matter of public concern or interest are considered to be public concerns. This could include statements about matters of political, social, or other public significance. Conversely, statements about matters of private interest or concern are generally considered to be private concerns. This could include statements about a person’s private life, private business matters, or other matters not related to a public interest. Therefore, it is important to understand both the content of the statement and the motives of the person making the statement in order to accurately determine whether a statement is a public or private concern. This will determine how the defamation case will proceed, as the plaintiff will have to prove different standards of fault, depending on whether the statement is considered a public or private concern.

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

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