False Light and Privacy

Question 1

Lawful expectation to privacy (SECLUSION)

Answer 1

You can only intrude where there is a lawful expectation to privacy

Question 2

False light issue with Constitution

Answer 2

The first amendment, there is not a falsity element

The fourth element of the Oregon law is that the private information was not a of legitimate public concern, or did not have a substantial connection to a matter of legitimate public concern

Question 3

False Light example of portrayal.

Answer 3

Whatever they’re portraying may be factually true, but is misrepresented and misleading.

Liz tippets room being redone so lots of boxes and home improvement. Being declared a hoarder with dangerous living conditions may be true, but are misrepresented.

Question 4

Invasion of Privacy

Answer 4

*One who intentionally intrudes …upon the
o solitude or
o seclusion or
o private affairs
*[is liable] if the intrusion would be highly offensive to a reasonable person.

Question 5

You can only intrude where…

Answer 5

You can only intrude where there is a lawful expectation to privacy

Sanders v. abc

Question 6

Privacy has a reasonable person standard, what does that mean?

Answer 6

Reasonable person: An objective standard for an average person. (Not subjective what we personally think does not matter).

The intrusion must be highly offensive.

Question 7

Publication Defamation

Answer 7

Telling any 3rd person

Question 8

Publication invasion of privacy

Answer 8

intentionally publishing online, in print, etc

Question 9

Defense to invasion of privacy publication

Answer 9

Matter of Public concern

Claim in only available when the disclosure of private facts is not for the purpose of public concern.

Question 10

Public concern Matter

Answer 10

1. The social value of the information
2. The extent of the intrusion into (plaintiff)’s privacy; and
3. Whether (name of plaintiff) consented to the publicity explicitly or voluntarily seeking public attention or a public office; and
4. Insert other applicable factor (we get to make these up)

Question 11

How do we do false light problems?

Answer 11

When proving false light you have to walk through the wording, image, and article.

Question 12

Types of Invasion of privacy

Answer 12

1. Appropriation of Name or Likeness for use or benefit
2. Intrusion: private life and information
3. Publicizing private life

Question 13

latter-day libel defense

Answer 13

Truth

Question 14

Elements of False light

Answer 14

a)the defendant publicized a matter about the plaintiff to a substantial group of persons or to the public

b)the matter put the plaintiff in a false light

c)the false light would be highly offensive to a reasonable person; and

d)the defendant knew of the falsity or acted in reckless disregard of whether the matter was false or not

Question 15

False light vs defamation

Answer 15

False light and defamation. The tort theoretically goes beyond defamation because the objectionable false light is not necessarily a defamatory one, only false and offensive

Question 16

Intrusion upon Seclusion

Answer 16

One who intentionally intrudes, physically or otherwise, upon the solitude or seclusion of another or his private affairs or concerns, is subject to liability to the other for invasion of his privacy, if the intrusion would be highly offensive to a reasonable person.

Question 17

Appropriate of Name or Likeness

Answer 17

1. That name of defendant used name of plaintiff’s name, likeness, or identity without his/her permission;
2. That name of defendant gained a commercial benefit (or some other advantage) by using name of plaintiff

Question 18

Privacy interest weigh test

Answer 18

Privacy interest outweighs the public’s interest, you should consider where the information was used, the extent of the use, the public interest served by the use, and the seriousness of the interference with name of plaintiff’s property.

Question 19

Actual malice standard

Answer 19

Fraud Defamation and False Light

The standard of actual malice is if you know its false and do it anyways.

Actual malice standard includes acting with reckless disregard of the truth