Invasion of Privacy

Question 1

Intrusion Upon Seclusion

Answer 1

A D is subject to liability if he intentionally intrudes upon the solitude or seclusion of the P or his private affairs where the intrusion would be highly offensive to a reasonable person.
1) The tort addresses interferences with a person’s zone of privacy and is usually committed when the D secretly tries to learn something about the P. It is the intrusion itself that constitutes the interference. Common examples include eavesdropping on a conversation, wiretapping a phone, and searching through private papers.

Question 2

Intrusion Upon Seclusion - Liability of 3rd Parties under the 1st Amendment

Answer 2

A media D cannot be held liable for publishing documents or tapes that were illegally obtained by a 3rd party so long as the D played no party in the illegal interception and the information is of significant public concern.

Question 3

False Light

Answer 3

The tort of false light is committed when the D publishes information about the P and attributes to her views she does NOT hold or actions she did not take. The information must be disseminated to the public and considered highly offensive to a reasonable person.
1) If the matter is public concern, the P must demonstrate actual malice i.e. knowledge of falsity or reckless disregard of the truth. The privacy tort overlaps in large measure with defamation.

Question 4

Public Disclosure of Private Facts

Answer 4

A D is subject to liability if the publicity discloses private information about the P that is highly offensive to a reasonable person and not of legitimate public concern. In other words, if the matter is of legitimate public concern or contained in the public record, there is no liability under this tort.
1) Furthermore, truth is no defense. In most every case facts are true, the  would have a cause of action for defamation or false light.

Question 5

Appropriation of Name or Likeness (Commercial Exploitation)

Answer 5

Appropriation is the unauthorized use of the P’s name or likeness for commercial gain. This tort is generally limited to the use of the P’s name, picture, or voice to advertise a product or service.
1) However, it does not apply where a newspaper or another news medium broadcasts a newsworthy report. This is NOT considered a commercial advertisement.

Question 6

ESSAY TIP

Answer 6

Unlike the other privacy torts, appropriation is the only that does NOT require it to be highly offensive to a reasonable person.