Privacy Flashcards
Define appropriation.
D uses P name or image for a commercial advantage without Plaintiff’s permission - unless the use is for newsworthy purposes.
What is the newsworthiness exception to appropriation?
No permission necessary to use a person’s name or image on television, newspapers, magazines, book covers, etc. when the information about that person is newsworthy.
Can a non-celebrity be a plaintiff in an appropriation case?
Yes - it applies to all people, not just celebrities?
Define intrusion.
the invasion of P’s seclusion in a way that would be highly offensive to an average person. P must be in a location where he has a reasonable expectation of privacy.
P is at a cocktail party and tells his closest confidant he has a venereal disease, D overhears. Has D committed a tort?
No. P was at a cocktail party, a place where he does not have a reasonable expectation of privacy.
Define false light.
Widespread dissemination of a major falsehood about P that would be highly offensive to an average person.
Note: this often but doesn’t always overlap with defamation. For false light, just has to be an offensive lie - doesn’t have to damage reputation.
Define disclosure.
Widespread dissemination of confidential information about P that would be highly offensive to an average person.
The information can be true, but is intimate/private.
Exceptions: newsworthiness and dual spheres of life.
What is the newsworthiness exception to disclosure?
Information the public desires but would be disclosure if belonged to a non-celebrity/politician.
(Think of the tabloids)
What is the dual spheres of life exception to disclosure.
If you share the information in one sphere of your life (family, faith, neighborhood) but don’t share it in another - there’s no liability for a person who transmits it from one sphere to the other.
What are the only two affirmative defenses to privacy torts?
- Consent
2. Defamation privileges for false light and disclosure (absolute and qualified privileges).
What are the absolute privileges that constitute a defense to false light and disclosure?
- spouses talking to each other
- government officers conducting official activities (including anything that goes on in a courtroom - witnesses, attorneys, judges, etc.)
- members of the media for accurate recording of public proceedings.
What are the qualified privileges that constitute a defense to false light and disclosure?
- reference or recommendation letters
- statements made to police
SO LONG AS:
- speaker has a reasonable basis for believing the statement is true
- speaker limits statement to topically relevant matters
