Common law privacy torts

Question 1

Appropriation

Answer 1

unauthorized use and commercial advantage to the ∆ (mere economic benefit is not enough)

a. ∆ uses π’s name or image for commercial purpose
b. newsworthiness exception – use of name or likeness in newspaper is not actionable, even though its to sell newspapers.
c. not limited to celebrities. just a person on the street is ok

Question 2

Intrusion

Answer 2

a. invasion of π’s physical seclusion in a way highly offensive to an average person
b. for ex wiretapping, peeping tom, intercepting emails.
c. π must be in a place w a reasonable expectation of privacy like home,

Question 3

False light

Answer 3

a. widespread dissemination of a material falsehood about the π that would be highly offensive to the average person
b. like mischaracterizing a person
i. different damages than defamation
ii. defamation—economic damages
iii. false light—dignitary damages
1. ppl don’t socialize w me

e. can have false light without defamation
i. because it is offensive, untrue but doesn’t hurt your rep
ii. for ex, ∆ can mischaracterize π beliefs
1. can tell everyone that π is catholic when he’s actually jewish. woul still put the π in a weird spot

Question 4

Disclosure

Answer 4

widespread dissemination about confidential information that is highly offensive to average person

a. mailing medical records. or income tax return, or academic records
b. true gossip
c. newsworthy information exception
i. very broad- for ex people magazine can disclose stuff about celebrity marriage on the rocks, past abortions, HIV status
1. this is all newsworthy

Question 5

Damages to Privacy torts

Answer 5

a. unlike defamation, emotional distress/ mental anguish are enough, don’t have to show economic harm

Question 6

Defenses

Answer 6

a. consent
b. priveleges
i. defenses to false light and disclosure
c. unlike defamation, truth is not sually a good defense, nor is inadvertence, good faith, or lack of malice.

Question 7

Summary

Answer 7

Appropriation: unauthorized use and commercial advantage to the ∆ (mere economic benefit is not enough)

Intrusion: invasion of π’s physical seclusion in a way highly offensive to an average person

False light: widespread dissemination of a material falsehood about the π that would be highly offensive to the average person

Disclosure: widespread dissemination about confidential information that is highly offensive to average person

Unlike defamation, no need to show economic harm