Invasion of Privacy

Question 1

false light

Answer 1

widespread publication of a falsehood or material misrepresentation about P that would be highly offensive to a reasonable person

Public concern matter: P must prove actual malice standard

Question 1

appropriation

Answer 1

unauthorized use of P’s name or likeness for commercial purposes

eg. an advertisement

Question 2

defenses

Answer 2

1. consent but not mistaken
2. privilege

NOT truth

Question 3

intrusion upon seclusion

Answer 3

intrustion upon P’s private affairs in a manner that would be highly offensive to a reasonable person

P must have a REP

Question 4

disclosure

Answer 4

public disclosure of P’s private information that is:
1. highly offensive to a reasonable person
2. publicized

BUT not if newsworthy facts

Question 5

newsworthy exception

Answer 5

no liability for use of P’s name or likeness for the purpose of reporting news

ONLY for appropriation and disclosure
NOT false light or intrusion upon seclusion

Question 6

intrusion upon seclusion definition

Answer 6

intrusion upon P’s private affairs in a manner that would be highly offenive to a reasonable person

Question 7

intrusion upon seclusion requirements

Answer 7

1. P has REP
2. Intrustion must be highly offensive to a reasonable person

eg. peeping, eavesdropping, using hidden cameras in P’s domain

Question 8

disclosure definition

Answer 8

public disclosure of P’s private information

does NOT include public activities (eg going to a strip club)

Question 9

disclosure requirements

Answer 9

1. highly offensive to reasonable person
2. publicized

Does NOT include public activities