Invasion Of Privacy Flashcards
Appropriation of identity or likeness
Unauthorized use of a persons ID or likeness for commercial advantage.
No violation if news takes your photo in the public place.
Invasion of privacy
D unreasonably intrudes upon Ps seclusion.
Includes non physical intrusion.
Must be highly objectionable to a reasonable person.
Public disclosure of private facts
Unreasonable disclosure
Highly offensive to reasonable person.
Matter P holds private, not of public concern.
Communication to public. TP not sufficient.
* exception if the matter is newsworthy.
Private matters contained in public records are absolutely privileged.
Portrayal in a false light
Publish matters that attribute views to P that he does not have or actions that he did not take.
Reasonable person would find it highly offensive. (Less than defamation. )
Publish to substantial number if people.
* not recognized in FL.
* if matter is public concern, must prove NYT malice.
Invasion of privacy defenses
- Truth: complete defense to false light. No defense at all to intrusion or appropriation.
- Consent
- Privilege.