Invasion of right to privacy/Privacy torts Flashcards
Appropriation
D uses P’s name/image for commercial purposes
EXCEPTION: Newsworthiness
NOTE: Not limited to celebrities
Primarily for EMOTIONAL damages. (Right of Publicity is for economic damages.)
Intrusion
Invasion of P’s seclusion in a way that would be HIGHLY OFFENSIVE to a REASONABLE PERSON
Examples: eavesdropping, wiretapping, etc.
Must be in a place where you have a REP.
False Light
Dissemination of material falsehood about P that would be highly offensive to reasonable person
Usually need actual malice.
Often overlaps with defamation. But this is about EMOTIONAL DAMAGES.
–BUT some false light scenarios which aren’t defamation.
—-Statements that are highly offensive but don’t harm your reputation in community
Disclosure
Widespread dissemination of CONFIDENTIAL info about P NOT OF LEGIT CONCERN to public and is highly offensive to reasonable person
T/f newsworthienss exception
Must be TRULY confidential.
Affirmative defenses
Consent
Absolute/qualified privlege FOR FALSE LIGHT AND DISCLOSURE ONLY