Chapter 8 Flashcards
Public Disclosure of Private Facts
Publicizing private, highly offensive, and non-newsworthy information about an individual
Publicity
The information must be widely shared, not just with one person
Private Facts
the disclosed information must not already be public
Highly offensive
The disclosure must be highly offensive to a reasonable person
Not of Public concern
the facts must not be newsworthy
Libel law
Publication occurs when one third party sees defamatory content
Privacy law
Publicity requires a large audience or enough exposure that the information will soon become public knowledge
Information is not private if:
- It happened in public
- A large number of people already know about it
- It is in public records (Court documents, police reports_
What is legal in naming rape victims?
If a victims name is in public records or obtained legally, it can be published
What are some ethical concerns in naming rape victims?
Most media outlets voluntarily withhold names out of respect
Highly offensive publicity
would a reasonable person find it offensive?
Privacy of death doctrine
Courts have ruled that parents may have privacy rights over images of deceased children to prevent public explotation
In newsworthiness vs. Privacy Rights, what are three things the courts consider?
- The social value of the information
- How deeply private the facts are
- Whether the person voluntarily become a public figure
Balancing Test
Right to privacy vs. Public’s right to know
Society of Professional Journalists (SPJ) Code of Ethics
- Journalists should consider harm and discomfort when reporting
- Show good taste and avoid sensationalism
Newsworthiness does not excuse ____
Insensitivity
Retelling history
The media is legally protected with the right to recount past events
What are two types of lawsuits in Retelling History?
- Historical recounting - not a violation of privacy
- “Where are they now?” stories - allowed if not designed to humiliate
False light
Publicizing false or misleading information about someone that is highly offensive
What are the key elements of false light?
- The false impression must be highly offensive
- the publisher must be at fault
False light vs. Libel
False light - focuses on emotional harm or embarrassment
Libel - focuses on damage to reputation
False-light claims do NOT require _______
defamatory content, only misleading or offensive portrayals
Fictionalization
Dramatizing or distorting real events (common in docudrama)
What is a defense to fictionalization?
To avoid lawsuits, filmmakers buy rights to real-life stories and obtain waivers
What are 3 common causes of False-Light Claims?
- Editing or writing mistakes
- Poor judgement in selecting images
- Use unrelated photos in misleading ways (ex. a stock image of someone appearing next to an article about crime)
What makes False-Light Highly Offensive?
Courts assess whether a reasonable person would find the portrayal highly offensive
False-light claims focus on the right to be left alone, not _______
Reputation damage
Fault standard for False-Light
Established in Time, Inc. v. Hill
In False-light, public figures must prove ______
Actual malice
In False-light, private individuals must prove ______
at least negligence
** Time, Inc. v. Hill (1967)
False light cases require proof of fault, similar to libel cases
Florida Star v. B.J.F. (1989)
Media can publish truthful information obtained legally even if highly offensive
Bartnicki v. Vopper (2001)
Journalists are protected if they publish illegally obtained material they did not acquire unlawfully
Zacchini v. Scrupps-Howards (1977)
Using someone’s entire performance without consent violates the right of publicity
Cantrell v. Forest City Publishing (1974)
Deliberate falsehoods in feature stories can lead to false-light claims
Cox Broadcasting v. Cohn (1975)
Media can publish truthful information from public records, even if embarrassing
Spahn v. Julian Messner, Inc. (1966)
Fictionalizing a biography without permission can result in false-light claims
Newsworthiness
A key defense in privacy cases; courts weigh public interest vs. privacy rights
Actual Malice
Reckless disregard for truth, required for public figures in false-light cases
Negligence
Failure to exercise reasonable care, required for private individuals
