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

In the state of Virginia, the primary difference between a “public concern” and a “private concern” in a defamation lawsuit is the audience to which the defamatory statement was made. Defamation of character is when a false statement is made that harms someone’s reputation. If the statement is made to the public, then it is considered to be a “public concern”, such as when a statement is made in a newspaper or on a radio program. On the other hand, if the statement is made to a small, private group, then it is considered to be a “private concern”. An example of this would be if the statement is made to a small group of friends or colleagues. In Virginia, there are also differences in the legal standards between public and private concerns when it comes to the amount of proof necessary for a successful defamation lawsuit. With public concerns, the plaintiff must prove that the defendant acted with actual malice – meaning that they made the false statement either knowing it was false or with reckless disregard for the truth. For private concerns, the plaintiff must only prove that the statement was made negligently, meaning that the defendant should have known the statement was false, but didn’t take reasonable measures to verify its accuracy.

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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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