The "Public Figure" Issue
Traditional defamation law, as defined in the courts, distinguishes between the public figure and the private individual when considering the seriousness of a transgression. The public figure is viewed differently for two reasons:
- The public figure has made the choice to enter the public eye and face the difficulties that may arise as a result of this status
- The public figure has greater access to news media than the private individual and can therefore defend himself more effectively
In discussing the Internet, there has been controversy over whether the average person ought to be defined as a public figure or as a private individual. The first aspect of the "public figure" definition clearly does not apply. Anyone can be defamed over the Internet, regardless of the choices he has made. However, it has been argued that the second aspect should apply to everyone, because the Internet, as an open forum, allows all users the ability to speak in their own defense.
While we agree that this issue does complicate decisions on defamation that occurs, we do not feel that special legislation addressing this status with regard to the Internet is called for. Courts have already been faced with the public figure question in Internet defamation cases and have made some tentative judgments. While the answer is not yet definitive, the most effective way to reach a definitive answer is likely to be through further court decisions, which will weigh the two parts of the public figure definition against one another and clarify the law by determining which aspect is more relevant in specific cases. New legislation could perhaps to some extent assist in this clarification, but that new legislation would still have to be tested and defined in actual cases, and we feel that since the traditional legislation has thus far proved adequate in principle, it alone is sufficient to further define this issue.