Privacy Torts Flashcards
1
Q
to establiash disclosure of private facts, does the report need to be newsworthy or not newsworthy
would things discussed at a public meeting automatically be newsworthy?
A
not newsworthy.
yes
2
Q
Can an estate recover for an alleged defamatory statemeent made against the deceased?
A
no - not if the person was dead at the time the statement was made
3
Q
what are the types of privacy torts?
A
Intrusion into seclusion:
Portrayal in a False Light:
Commercial Appropriation:
Public disclosure of Private true facts:
4
Q
elements of intrudsion into seclusion?
A
○ Intrusion into seclusion: 1. Δ intentionally interferes 2. with Π’s zone of privacy □ does not apply to public spaces in a manner offensive to a reasonable person (for example, eavesdropping, wiretapping, stalking)
5
Q
elements of portral in false light?
A
- Publication
2. false information
that would be highly offensive to a reasonable person
6
Q
elements of commerical appropriation?
A
- Unauthorized (no permission or negligent in verifying) use of
2. Π’s picture or name
□ Π need not be identified by name so long as clear that the ad is meant to depict that person
for Δ’s commercial purpose.
7
Q
elements of public disclosure of private true facts?
A
- Disclosure of true private facts
2. that would be highly offensive to a reasonable person and
Not of legitimate concern to public (not newsworthy)