Privacy Torts

Question 1

Appropriation

Answer 1

D uses the P’s name or image for a commercial purpose. Newsworthiness Exception: If an article is published about a person, the newspaper/magazine will not be held liable. This tort is not just limited to celebrities, it applies to everyone

Question 2

Disclosure

Answer 2

The widespread dissemination of confidential information about the P that would be highly offensive to an average person. Newsworthiness Exception: If an article is published about a celebrity, not a private person, the newspaper/magazine will not be held liable. The information must be truly private; not just info that P has disclosed to one sphere of his life but not another sphere

Question 3

Intrusion

Answer 3

An invasion of the P’s seclusion in a way that would be highly offensive to the average person. P must be in a place where there is an expectation of privacy in order to have a claim.

Question 4

False Light

Answer 4

Widespread dissemination of a material falsehood about the P that would be highly offensive to the average person. Overlaps with defamation, but damages are different. Damages for social and emotional harm. The falsehood need not be defamatory.

Question 5

Affirmative Defenses

Answer 5

Consent applies to all 4 privacy torts. Defamation privileges- absolute & qualified: only going to apply to disclosure & false light torts.