The statutory definition of defamation in Pennsylvania is codified at 42 Pa. Cons. Stat. § 8343. So far as defamation laws go around the country, PA's law is fairly intricate.
Public or Private Figure?
The first unique aspect of PA defamation law that affects people in Pittsburgh is that it differentiates between public, limited public and private figures.
Some examples of individuals deemed to be public officials or all-purpose public figures by Pennsylvania courts include:
* police officers;
* public high school teachers and coaches;
* a school board director;
* a candidate for judge;
* a celebrity with access to the media; and
* a union official.
Some examples of individuals deemed to be limited-purpose public figures by Pennsylvania courts include:
* a locally known singer who posed for and was interviewed by Playboy magazine;
* an architect/engineer whose public building projects had been the subject of public controversy; and
* the president of an art foundation presiding over a publicized exhibit.
Some examples of individuals deemed to be private figures by Pennsylvania courts include:
* a member of the board of a non-profit organization;
* a dentist who received public state reimbursement for low income patients; and
* a host of a private party complained about by neighbors to a newspaper.
Why are these distinctions important? Because in Pennsylvania, a private figure plaintiff bringing a defamation lawsuit only has prove that the defendant was at least negligent with respect to the truth or falsity of the defamatory statements. This is a relatively easy standard for someone to establish.
But Public officials, all-purpose public figures, and limited-purpose public figures have a much higher threshold to meet. People in Pittsburgh deemed public figures must prove that the defendant acted with actual malice, i.e., knowing that the statements were false or recklessly disregarding their falsity. Establishing that a person or persons acted with malice in publishing defamatory statements is a very difficult burden to meet.
If you believe you may have been defamed by something someone has said or published about you, please contact me, Brendan Lupetin, Esq., to learn about your legal rights- Email: blupetin@epqlaywer.com Phone: 412-765-3800. Share this post :
|
|
So would a part-time blogger with less than a few hundred readers be considered limited-purpose public or private figures?
ReplyDeleteI think an argument could be made that a blogger, especially if the blog is selected for public consumption, could be considered a limited-purpose public figure. It is case dependent. Under the rights circumstances a blogger such as what you described could also be considered a public figure.
ReplyDeleteDoes the blogger publicize who they are? Is this a hypothetical or are we talking about a real site?