Page 46 Flashcards
What are some examples of invasion of privacy?
- non-physical sexual harassment
- stalking
- threats
What two other torts in addition to defamation often occur together and should be discussed on an essay when one appears?
- wrongful infliction of emotional distress
- wrongful invasion of privacy
Can you recover for invasion of privacy for someone that is dead?
No, his right of privacy doesn’t survive his death (unless the invasion occurred before he died, then his estate can sue for him)
Can you recover for invasion of privacy for another person?
No
What are the four categories of invasion of privacy?
COMMERCIALLY manufactured FALSE Lashes are PUBLIC INTRUSIONS into our beauty standards.
- commercial appropriation
- false light
- public revelation of private facts
- intrusion onto seclusion
Which of the four categories of invasion of privacy is most tested?
Intrusion onto seclusion
What is intrusion onto seclusion?
When D intentionally and inappropriately interferes with P’s sphere of privacy in a highly offensive way to a reasonable person
What is a person’s sphere of privacy for intrusion onto seclusion?
His right to physical solitude or privacy of personal affairs/concerns
What are some examples of intrusion onto seclusion?
- hidden cameras in a bathroom
- hacking email
- tapping phone lines
If you eavesdrop on someone’s conversation while walking on the sidewalk, is that considered an intrusion onto seclusion?
No
When do you you often see intrusion onto seclusion?
When a D secretly tries to learn something about the P
What kind of intrusions are included in intrusion into seclusion?
Physical and nonphysical ones
What is an example of a physical intrusion for intrusion onto seclusion?
Rummaging through someone’s personal effects
What are the elements of intrusion onto seclusion?
- intent or negligence
- intrusion by D into P’s private life
- causation
- highly offensive
What is required for the highly offensive element of intrusion onto seclusion?
It must be highly actionable to a reasonable person
What areas of your private life are protected by the law?
Those that you can reasonably expect will not be intruded on by someone in the defendant’s position
Would urine testing by an employer be considered intrusion into seclusion?
No, because corporations have no right to privacy
If something is a matter of public record, would that be an intrusion onto seclusion?
No, it has to be a private matter
Must a secret be discovered for intrusion onto seclusion?
No, the intrusion is enough
A plaintiff has a right to physical solitude and privacy of personal affairs, but that must be what?
Reasonable
What are situations you should watch out for for intrusion onto seclusion?
- eavesdropping at windows
- peeping into key holes
What are the two things that could meet the intrusion element for intrusion onto seclusion?
A. Intrusion onto plaintiff’s property
B. Nonphysical intrusions
How would an intrusion onto the plaintiff’s property be considered intrusion onto seclusion?
Entering the property uninvited to get information or convey information to P
What are some examples of non-physical intrusions that would count for intrusion onto seclusion?
- tanning salon filming naked people
- high-powered telescope
- taping conversations
What is required for the intent or negligence element of intrusion onto seclusion?
It must be shown that defendant intended the intrusion, not that he intended he offense
If you negligently allow a third person to intrude on the plaintiff’s affairs, can you be liable for intrusion?
Yes, like an employer can be liable for his employees that act within the scope of his employment
What is necessary to prove causation for intrusion onto seclusion?
Proximate and actual causation
What are defenses to intrusion?
Consent
What are damages for intrusion?
- compensatory
- punitive
- pure emotional distress
- mental anguish
Can truth be a defense to intrusion?
No
What is commercial appropriation?
Unauthorized use of plaintiff’s identity or likeness for defendant’s commercial advantage
What does the plaintiff have to prove for commercial appropriation?
A lack of consent
What are the kinds of things that you would publish that would count as commercial appropriation?
Plaintiff’s name, voice, face, likeness, figure without his permission, or any object/characteristic that is enough to identify the P
Must commercial appropriation be highly offensive?
No
What are the elements of commercial appropriation?
- unauthorized use
- by defendant of plaintiff’s name or likeness
- for commercial purpose
- causation
If you make money off of an image, can that be commercial appropriation?
No, there has to be a connection with some product or service for some advertising purpose
If you use someone’s picture in a newspaper article or write an unauthorized biography, can that be commercial appropriation?
No
What would be a classic example of commercial appropriation?
Using a celebrity’s photo in an ad for a product
If you use a celebrity’s name to sell a product, it clearly has commercial value, so what are the damages really about for commercial probation with a celebrity?
Interference with the right of publicity, and that celebrity’s right to sell endorsements to someone else
If you use the image of a private person for commercial appropriation, what is the damage really about?
Invasion of privacy so the plaintiff can get compensation not for the commercial value of his name, but for interference with his right to be left alone
If the purpose of a commercial appropriation is newsworthy, does the plaintiff have a case?
No
What does commercial use for commercial appropriation mean?
Associated with sales, so feature stories, biographies, news, and creative works are not commercial
What are defenses to commercial appropriation?
Consent and newsworthiness
Is it okay to reprint action photos of a football star for an article and not be commercial appropriation?
Yes because it is newsworthy
The media isn’t allowed to broadcast what or else it will become a commercial appropriation?
An entire commercial entertainment or performance without consent, even if it is a public interest (human cannonball coverage)
What are damages for commercial appropriation?
Compensatory and punitive
What kind of damages can celebrities get for commercial appropriation?
- reasonable value of the use of their names/likeness
- any loss they sustained by being unable to sell themselves
What kind of damages can a private person get for commercial appropriation?
Emotional harm is recoverable
What is false light?
Something is published that attributes views to the plaintiff he doesn’t hold or actions he didn’t take that a reasonable person would find highly offensive
What is an example of false light?
Baywatch guy on the Playgirl magazine
What are elements of false light?
- publication by D
- that puts P in a highly offensive false light
- knowing or reckless falsity if newsworthy matter
- causation
What is required for publication for false light?
Dissemination to a reasonable number of people
If a matter is newsworthy, what is the only way it can be actionable for false light?
If the knowing or reckless falsity standard is met and publisher must have known or was blind to the fact
What damages can be gotten for false light?
Compensatory and punitive:
- reputational damage
- emotional distress
- pecuniary loss
What is the only defense to false light?
Truth
What is invasion of privacy?
Recent tort with four separate categories:
- intrusion onto seclusion
- commercial appropriation
- false light
- public revelation of private facts
