Invasion of Right to Privacy Flashcards
4 Separate Things
(1) Appropriation
(2) Intrusion
(3) False Light
(4) Public Disclosure of Private Facts
Appropriation
Use of π’s name or picture for commercial advantage w/out permission (LeBron)
Limitation: π’s likeness must be used for advertising, promotional, labeling purposes
Intrusion
Interference w/a π’s seclusion in a way that would be highly offensive to a RP
Limitation: π must be in a place where she has an expectation of privacy (remember fall back position of IIED)
False Light
Widespread dissemination of info that is in some way inaccurate and that would be highly offensive to a RP (not quite defamation)
Public Disclosure of Private Facts
Widespread dissemination of factually accurate info that would normally be confidential, & the disclosure of which would be highly offensive to a RP
Newsworthy disclosures are NOT actionable
Defenses
Consent
Absolute & Qualified Privileges = Apply ONLY to: False Light & Public Disclosure