16. Invasion of Right to Privacy

Question 1

What is required for appropriation of Plaintiff’s picture/name?

Answer 1

1) NO consent

2) D’s commercial advantage
- Adverts/Promotion of products/services
- NOT own profit

Question 2

What is required for intrusion on Plaintiff’s affairs/seclusion?

Answer 2

1) Prying/Intruding
2) ‘Highly’ offensive to reasonable person
3) Private affairs

Question 3

What is required for publication of Plaintiff’s facts in false light?

Answer 3

1) Facts re P
- NOT opinion

2) False light
- Falsely stating P’s actions/views

3) ‘Highly’ offensive to reasonable person
4) (Malice - Matter of public interest only)

Question 4

What is required for disclosure of Plaintiff’s facts?

Answer 4

1) P’s private facts

2) ‘Highly’ offensive to reasonable person

Question 5

What is required for prima facie case for invasion of right to privacy?

Answer 5

1) Invasion

2) Liability
- Intent
- Negligence
- Strict liability

3) Causation
- Proximate

4) Damages
- Distress/Anguish (NOT presumed)
- Special damages (pecuniary) (presumed)

Question 6

What defences are there against invasion of right of privacy?

Answer 6

Consent

1) Valid consent (capacity)
- Express (NO known mistake by D/NO fraudulent inducement/NO immediate duress)
- Implied (Custom/Law)
2) Not exceed scope of consent
- Not to do something substantially different

Absolute privilege => Publication/Disclosure ONLY

• Broadcasts (compelled)
• Judicial proceedings
• Legislative proceedings
• Executive proceedings (regarding executive matters)
• Spousal communications

Qualified privilege (Burden of proof: Defendant) => Publication/Disclosure ONLY

• Official proceeding reports (judicial/legislative/executive)
• Publications to one acting in public interest
• UNLESS not within scope of privilege => Privilege lost
• UNLESS malice => Privilege lost

Right of privacy NOT extendable to;

• Family
• After P’s death
• Corporations
• By assignment