Invasion of PRIVACY Flashcards
Four different TORTS
- DISCLOSURE (if private matters)
- publicity in a FALSE LIGHT
- INTRUSION upon seclusion
- APPROPRIATION of name or likeness aka RIGHT TO PUBLICITY
can organization sue for invasion of privacy?
NO (only indiv)
Disclosure elements
1) publicity
2) private life of another
3) information the disclosure of is Highly Offensive to Reasonable Person AND
4) Appropriation of name or likeness (aka “right of publicity”)
which is most widely recognized privacy tort?
disclosure
culpability level of disclosure?
depends on state law, but if you try it as a intentional tort you likely to survive (viable).
(*min. juris-recognize neg. disclosure)
How is publicity (disclosure) different from publication(in defamation)
publicity requires dissemination to at least a -small community (defamation only req. transmission to 3rd party who understood it)
A first amendment defense in Disclosure??
Unclear.
Try- not newsworthy
Intrusion elements
1) intentional intrusion
2) intrusion upon solitude, seclusion or private affairs;
3) intrusion highly offensive to a reas.person
requisite culpability lever for Intrusion
intent.
is publicity or newsworthiness required for INTRUSION?
NO
but publicity can go toward damages
damages for intrusion?
some courts- actual loss
some-nominal
is wiretapping c/l intrusion?
no, but states have created liability through wiretapping laws.
(1-party consent or both-party needs consent)
Is the first amendment a defense to INTRUSION?
No.
False LIGHT elements
1) placement of other before public in false light
2) publicity to false-light portrayal
3) false-light portrayal would be HIGLY OFFENSIVE to reas person
4) def’s actual malice as to falsity (<– when matter a public concern)
least embraced invasion of privacy tort?
false light
