Invasion of Privacy

Question 1

What are the four forms of the tort of invasion of privacy?

Answer 1

1. Appropriation
2. Intrusion
3. Disclosure (Private Facts/Public Interest)
4. False Light

Question 2

Define Appropriation?

Answer 2

Invasion of privacy’s appropriation form involves use of persona for commercial or other advantage without the person’s permission, with injunctions and damages for relief.

Question 3

Define Intrusion?

Answer 3

Invasion of privacy’s intrusion form arises when there is an unauthorized intrusion into a private place that would be highly offensive to the reasonable person.

Question 4

Define Public Disclosure of Private Facts?

Answer 4

Invasion of privacy’s disclosure form arises when there is publication without legitimate interest to more than a few persons of private facts the disclosure of which would be offensive to the reasonable person.

Question 5

Define Public Disclosure for Public Interest?

Answer 5

The disclosure form of invasion of privacy must overcome constitutional protection to publish matters of public interest.

Question 6

Define False Light?

Answer 6

Invasion of privacy’s false light form arises when a person publicly depicts another in a false manner that would be highly offensive to the reasonable person.

Question 7

What does the 1st Amendment Protect?

Answer 7

The 1st Amendment protects the right of media to intentionally inflict emotional distress if also done for purposes of destroying a person’s reputation by parody.