As Americans, we enjoy many rights, but the Constitution
does not specifically mention a right to privacy. However, Supreme Court decisions over the years have established that the right to privacy is a basic human right, and some amendments in the Bill of Rights protect specific aspects of privacy. The 1st Amendment, for example, protects the privacy of beliefs (freedom of religion).
Defamation law recognizes differences between public and private figures. Unlike most people, who are considered private citizens, a politician or a celebrity is considered a public figure.
So if your next-door neighbor is having an affair, publishing a story about it in the local paper would be a clear violation of his privacy. However, when a public figure does the same thing, the press can reasonably assert that such an event is newsworthy. Former Detroit Mayor Kwame Kilpatrick, for example, waged a prolonged legal battle claiming that hundreds of text messages detailing his illicit affair with a co-worker were private. He lost and ended up going to jail for perjury and other charges. 
But sometimes a private citizen injects himself or herself on to the public stage, and by doing so, loses the defense of "right to privacy". If that neighbor of yours is having an affair with a 16-year-old, that information is no longer considered private. Thus the law attempts to balance the public's right to know vs. an individual's right to privacy. If the information is "newsworthy" -- that is, if people have a right or a need to know about something, then that will prevail over a person's claim to privacy.
When it comes to
proving fault in a libel claim, the law also treats private and public individuals somewhat differently. Both private and public individuals must prove a publication is at fault, but private individuals only need to prove negligence on the part of the reporter/publication, while public figures must prove actual malice.
Here are some recent libel cases involving
Elton John,
David Beckham,
Keira Knightly and
Tom Cruise. As you know, defamation involves either slander through the spoken word
or libel through the printed word. But what about social media? Is it
only professional journalists who have to worry about these things?
Read this article to learn more.
Creative Commons photo by Mike Licht