Invasion of Privacy Flashcards
Appropriation
Use of P’s name or likeness for commercial purposes (e.g. promotion or advertisement) without P’s consent
-Newsworthiness exception: no liability for use of P’s name or likeness for the purpose of reporting news
False light
Widespread publication of a falsehood or material misrepresentation about P that would be highly offensive to a reasonable person
* Includes micharacterization of O’s views or conduct
* Matters of public concern: D must have actual malice or reckless disregard for the truth of the matter publicized
-Note: this is the same as constitutional considerations for defamation
* No newsworthiness exception
Appropriation and False Light-Defenses
- Consent: valid defense although D may be liable if his actions exceed the consent given
-Mistake as to if consent was given is not a valid defense - Privilege: may be available as a defense to false light if D has an absolute or qualified privilege to publication
- Truth is not a valid defense to invasion of privacy claims
Intrusion upon seclusion
- Intrusion upon P’s private affairs in a manner that would be highly offensive to a reasonable person
- Requirements:
1) P must have a reasonable expectation of privacy
-No reasonable expectation of privacy in public
2) Intrusion must be highly offensive: e.g. peeping, eavesdropping, or using hidden cameras in P’s domain - No newsworthiness exception
Disclosure
- Public disclosure of P’s private information
- Requirements: disclosure must be
1) Highly offensive to a reasonable person
-Public activities are not objectionable
-E.g. D announces that the mayor frequents strip clubs, no liability because the acts occur in public
2) Publicized: made available to a public audience - Newsworthiness exception: no liability if private facts are newsworthy
Intrusion upon seclusion and Disclosure-Defenses
- Consent is a valid defense
- Privilege is a valid defense to disclosure
