What are the elements of a defamation claim against a public figure?

California, United States of America


The following excerpt is from Mazgani v. Moda, B291721 (Cal. App. 2020):

"The elements of a defamation claim are (1) a publication that is (2) false, (3) defamatory, (4) unprivileged, and (5) has a natural tendency to injure or causes special damage." (Wong v.

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Jing (2010) 189 Cal.App.4th 1354, 1369.) "When a defamation action is brought by a public figure, the plaintiff, in order to recover damages, must show that the defendant acted with actual malice in publishing the defamatory communication. [Citation.] Because of this increased burden, defendants in defamation actions . . . obviously attempt to establish that the plaintiff was such a public figure." (Denney v. Lawrence (1994) 22 Cal.App.4th 927, 933.)

"There are two types of public figures: 'The first is the "all purpose" public figure who has "achieve[ed] such pervasive fame or notoriety that he [or she] becomes a public figure for all purposes and in all contexts." The second category is that of the "limited purpose" or "vortex" public figure, an individual who "voluntarily injects himself [or herself] or is drawn into a particular public controversy and thereby becomes a public figure for a limited range of issues."' [Citation.]' . . . ." (Sipple v. Foundation for Nat. Progress (1999) 71 Cal.App.4th 226, 247.)

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