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This is one of the reasons why social media that forces you to use your real name is so dangerous to US citizens and its something that 99.9% of the populace doesn't understand.
When Jane Smith post a picture of her breakfast on facebook, she doesn't realize that she is crossing the line between private - public persona.
Does it really work that way? I'd be surprised if posting food pics to Facebook all of a sudden make you meet the criteria for "public person"
No, its a sliding scale of course, but the threshold becomes cumulative. That borderline is what becomes litigated....
A single pic of a bagel or commenting "so cute" on neighbors kids pics wouldn't pass the test.
But constant public commentary, an instagram page, X account, youtube account will at some point push you over the threshold of what a jury finds that you are now a public person.
Fascinating! Thanks for this. It would seem like a very hazy line between public / private, and who crosses over, and why. Like, what counts as a public statement could be argued over. Posting on Twitter, for instance? Hmm.
The US solves this issue via the concept of "public vs private person".
Essentially being a "public person" means you largely give up your rights to slander / defamation since the concept is you willingly put yourself in the public sphere, thus there is a 'public ownership' portion of that...this mirrors in law the same idea that its not illegal to film someone on a public street.
Whereas a "private person" is one that still retains their ability to sue for slander / defamation.
The basic litmus test for public vs private is "making public statements", so that includes things like public speeches, writing articles, etc.
I know a very rich family who are very insistent on protecting their "private stature" as it relates to the law. Like even if they donate money to a charity and the charity wants to honor them by asking them to say a few words at their meeting, they refuse.