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
difference between false light & defamation (some criticize of being duplicative)
false light—is highly offensive but does NOT have to be CDM.
Defamation principles imported into FALSE LIGHT
- shortened SOL
- 1st amendment defenses
- meaning of falsity
MisAppropriation (Right of Publicity) elements
1) appropriation of another’s name or likeness
2) use of value of identity for def’s own purpose or benefit
Right of publicity is more commonly recognized where?
NY & Cali- celebrity business.
*most time it’s statutory, not recognized everywhere
An affirmative & COMPLETE defense to Right of Publicity
Newsworthiness
prob compelled by 1st amend?
actual malice in false light..
Time v. Hill
Knowledge of its falsity or reckless disregard of the truth
Time v. Hill
(public interest/priv.plaintiff) -False Light
(1967)
hill family hostage/3 escaped cons. Time wrote article then play made. Sued TIME for displaying family in false light.
Rule: To recover damages for false reports on matters of public interest, a private plaintiff must prove that the defendant published the report about the plaintiff with knowledge of its falsity or reckless disregard of the truth. This rigorous burden of proof for plaintiffs is necessary to respect the strong constitutional protections for speech and press in the First and Fourteenth Amendments to the United States Constitution. To permit damages for every innocent or even negligent publication of untrue facts would overly constrain the press and prevent them from exercising their constitutional right to report on matters of public interest and concern.
Defense language Time v.HIll
assuming time v. hill still good law, then the public concern tiggers the 1st amendment & truth is a matter that should be protected.
