Part Three: Privacy Torts

Question 1

What are the four privacy torts?

Answer 1

1. Appropriation of P’s picture or name;
2. Intrusion into P’s affairs or seclusion;
3. Publication of facts placing P in false light;
4. Public disclosure of private facts about P

Question 2

What is “Appropriation of P’s Picture or Name”?

Answer 2

P must show:

1. UNAUTHORIZED use;
2. of P’s NAME or PICTURE;
3. for D’s COMMERCIAL ADVANTAGE

• liability is generally limited to advertisements or promotions of products/services
• mere economic benefit to D (not in connection w/ advertising or promotion) is NOT enough

Question 3

What is “Intrusion on P’s Affairs or Seclusion” ?

Answer 3

• Act of INTRUSION must be HIGHLY OFFENSIVE TO A REASONABLE PERSON
• The thing into which there is an intrusion must be “private”
• Photos taken in public places are NOT actionable.

Question 4

What is “publication of Facts Placing P in False Light”? (FALSE LIGHT)

Answer 4

• one attributes to P views he DOES NOT HOLD OR actions he DID NOT TAKE
• false light must be “highly offensive to a reasonable person” under the circumstances
• for liability to attach, there must be publicity

SEE ALSO: 1st Amendment limitation

Question 5

What is the constitutional limitation on “False Light”?

Answer 5

• If it relates to a “matter of public concern” then “actual malice” must be shown

Question 6

What is “Public Disclosure of Private Facts about Plaintiff” ?

Answer 6

• Public disclosure must be of “private information”. Matters in the public record are not sufficient.
• Public disclosure must be “highly offensive to a reasonable person”
• Liability may attach EVEN if statement is TRUE.
• 1st amendment limitations MAY apply if it the matter is of legitimate public interest

Question 7

With regards to the privacy torts, what is the rule regarding “causation”?

Answer 7

The invasion MUST have been PROXIMATELY CAUSED by D’s conduct

Question 8

With regards to the privacy torts, what is the rule regarding Damages?

Answer 8

Plaintiff need not plead/prove special damages. Emotional distress and mental anguish are sufficient damages.

Question 9

With regards to the privacy torts, what is the rule regarding DEFENSES?

Answer 9

Good defenses:

• Consent;
• Defamation Privilege Defenses

Bad defenses:

• Truth
• Inadvertence
• Good faith/lack of malice

Question 10

Do privacy rights extend to members of family?

Answer 10

No. The right to privacy is a personal right, and does not extend to members of family, is not assignable

Question 11

Do privacy rights survive death of plaintiff?

Answer 11

No

Question 12

Do corporations have a right to privacy?

Answer 12

No