3. Invasion of Privacy

Question 1

Appropriation

Answer 1

Use of P’s name or likeness for commercial use without P’s consent.

• NEWSWORTHINESS EXCEPTION: not liable if it’s for reporting the news

Question 2

False Light

Answer 2

Widespread publication of a falsehood or material misrepresentation about P that would be highly offensive to reasonable person

• No newsworthy exception
• Matter of public concern: D must have actual malice or reckless disregard for the truth of the matter publicized (same as defamation).

Question 3

Defenses

Answer 3

♣ Consent
• Mistake as to if consent was given is not a valid defense.
• May be liable if his actions exceed consent given.

♣ Privilege: May be available as a defense to false light if D has an absolute or qualified privilege to publication

♣ * Truth is not a valid defense to invasion of privacy claims

Question 4

Intrusion Upon Seclusion and Disclosure

Answer 4

♣	Intrusion upon seclusion
•	Requirements:
o	1.  P must have a reasonable expectation of privacy 
o	2. Intrusion must be highly offensive 
•	Newsworthy exception UNAVAILABLE

♣ Disclosure
• Public disclosure of P’s private information
• Requirements:
o 1. Highly offensive to reasonable person
o 2. Publicized
• Newsworthy exception available