Personal Privacy torts Flashcards
What is defamation and what extra is needed for a matter of public concern and a public virtue?
To establish a prima facie case for defamation, the following elements must be proved: (i) defamatory language on the part of the defendant; (ii) that the defamatory language was of or concerning the plaintiff; (iii) publication of the defamatory language by the defendant to a third person; and (iv) damage to the reputation of the plaintiff. When defamation refers to a public concern or involves a matter of public concern, the plaintiff also needs to prove falsity and fault by the defendant.
As held by the United States Supreme Court in New York Times v. Sullivan, to prevail against a defendant on defamation of a public figure, the plaintiff must establish actual malice by the defendant by demonstrating that the defendant knew the statement was false or had a reckless disregard as to its truth or falsity.
Does a defense of others cure liability of injury?
Yes. If the defendant had a reasonable belief of harm.
What is Invasion of privacy?
Invasion of privacy would not be the best theory under which the subject could recover against the students. Under a theory of invasion of privacy, a plaintiff can recover for four types of wrongs: (i) appropriation by the defendant of the plaintiff’s picture or name for commercial advantage; (ii) intrusion by the defendant upon the plaintiff’s affairs or seclusion; (iii) publication by the defendant of facts placing the plaintiff in a false light; and (iv) public disclosure by the defendant of private facts about the plaintiff.
What is intrusion on seclusion?
Under the facts as presented, the only potentially applicable theory would be for intrusion on seclusion. To make a prima facie case of intrusion on seclusion, the plaintiff must prove (i) an act of prying or intruding by the defendant; (ii) that the intrusion would be highly offensive to a reasonable person; and (iii) the thing to which there was an intrusion or prying is private. However, the subject would be unlikely to prevail because intrusion on seclusion involves an intrusion into a private situation. Here, although the subject was alone in his vehicle, he was driving in rush hour traffic, a setting in which an expectation of privacy would not be reasonable
