Chapter 7 Flashcards
Why is the right to privacys risk increasing?
- advances in communication technology
- post 9/11 security concerns
- a new generation more willing to share personal information online
privacy of autonomy
Individual should be free to make personal decisions without government interference
privacy of space
People have a right to a physical zone of privacy, where others cannot intrude
privacy of information
Individual should control who can access and share their personal data
What are the three conceptions of privacy?
- Privacy of autonomy.
- Privacy of space
- Privacy of information.
Constitutional law
Privacy protections, inferred from the fourth and 14th amendments
statutory law
Federal and state laws regulate privacy
Ex. HIPAA and FERPA
Common law
Court decision decisions, established precedence for privacy rights
administrative law
Agencies like the FTC, regulate data protection and privacy
what are the four areas of privacy law?
- Appropriation.
- Intrusion.
- Public disclosure of private facts.
- False light.
Appropriation
Unauthorized use of someone’s name, image, or likeness for profit
intrusion
Physically or technologically violating someone’s private space or personal affairs
public disclosure of private facts
Publishing, highly personal information that is not newsworthy
false light
Publishing, misleading, or distorted information that damages a person’s reputation
it is illegal to use an individuals _______, _____, or _______ for commercial purposes without permission
Name, image, or likeness
right to privacy
Protects against emotional harm caused by unwanted use
right of publicity
Protection of a person’s economic value in their identity
names
Full name, nicknames, pin names, stage names
likeness
Photographs, drawings, voices, look-alike, sound likes
When is use considered commercial?
- using a person’s image in an advertisement
- featuring someone’s photo and a shop window as an example of work
- false endorsements, implying a person uses a product
news and public interest exception
If someone appears in a news worthy story, they cannot sue for appropriation
Doctrine of incidental use
A brief for fleeting use of a name or image is usually not considered appropriation
booth rule
Using someone’s image and ads for a media outlet is allowed if they appeared in that outlet content
Political and Issue Ads
using a person name in a political campaign or cause-related ad is not appropriation
Written consent
is legally strong
Oral consent
can be withdrawn before publication
Consent is invalid if
- It was given a long time ago
- It was signed by a minor or someone legally incapable
- the image has been substantially altered
Privacy rights
die with the individual
Right of publicity in some states
allows heirs to control their likeness
What is intrusion?
It is illegal to intrude into someone’s private space in away that a reasonable person would find highly offensive
Trespass
Unauthorized physical entry onto property
Intrusion
invasion of someone’s private space or affairs. Includes technological invasions (i.e hidden cameras, data breaches)
What are 3 ways intrusion can occur?
- Eavesdropping on private conversations
- Hacking personal records
- Using long-distance cameras or drones
What are some public places people have no expectation of privacy?
Streets, Parks, and Restaurants
Photographers can take pictures in public but ____________ _____ may apply
Harassment laws
What laws does California have to protect people from aggressive media tactics?
anti-paparazzi laws
Hidden recording devices and drones
- many states have laws restricting drones and hidden cameras
- The FAA regulates drone usage in media and surveillance
The press may publish:
- Truthful material
- Newsworthy content
A journalist cannot:
- Personally break the law (hacking, theft)
- Encourage illegal methods of obtaining information
Zacchini v. Scripps-Howard (1977)
A TV station broadcast an entire stunt act, violating right of publicity
Carson v. Here’s Johnny (1983)
Ruled that catchphrases or distinctive elements can count as a likeness
Midler v. Ford Motor Co. (1988)
Using a sound-alike singer in a commercial violated Bette Midler’s right of publicity
Comedy III v. Saderup (2001)
Artistic works can infringe on publicity rights if used for profit
Flordia Star v. B.J.F. (1989)
Publishing lawfully obtained truthful information is protected unless there’s a compelling reason to prevent it
Bartnicki v. Vopper (2001)
Media cannot be punished for publishing lawfully obtained information, even if it was illegally obtained by a third party
Dietemann v. Time, Inc. (1971)
HIdden recording in a private home was ruled intrusive and illegal
Reasonable Expectation of Privacy
The standard determining whether an intrusion is illegal
Hidden recording
Secretly capturing audio or video, often leading to privacy lawsuits
Publication of Illegally Obtained Information
Allowed if if legally obtained by the press, but not if they break the law themselves
