Invasion of Privacy Flashcards

1
Q

Invasion of Privacy Torts

A

One who invades rt. of priv. of another is subj to liab. for resulting harm to the interests of the other.

  • Rt. to priv. is invaded by
    • Appropriation,
    • Intrusion,
    • Publicity of Priv. Life and
    • False Light
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2
Q

Appropriation - Elements

A
  1. The Unauth. use of Plaintiff’s name or picture by the ▵
  2. For the ▵’s own benefit

e.g. an advertisement that leaves doubt that the ad is intended to depict a specific celebrity who has not consented to the use of her identity

Usually the approp. & use of ∏’s name or likeness to advertise the ▵’s bus. or product BUT in most juris. this rule also applies when the ▵ uses the ∏’s name or likeness for her own purpose or benef.

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3
Q

Appropriatin - Exception

A

Newsworthy Use - Use of name or likeness in connection w/ matters of legit. pub. concern

e.g. The fact that the ▵ is engaged in the bus. of pub. (newspaper or magazine) which she makes or seeks to make a profit, is not enough to make the incidental pub. a commercial use of the name or likeness for approp. liab.

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4
Q

Intrusion - Elements

A

Intrusion occurs when:

  1. The ∏’s solitude is intruded on by the ▵
  2. In a manner that would be highly offensive to a reasonable pers.
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5
Q

Intrusion - Where must it occur?

A

Intrusion Must Take Place in Private Place - Where there is a reas. expectation of privacy

e.g. There is no liab. for intrusion for the examination of a pub. rec. concerning the ∏ or taking her photo in pub.

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6
Q

Publicity of Private Life - Elements

A
  1. The ▵ has publicized the details of the ∏’s private life AND
    • Info must truly be private
  2. The effect must be highly offensive to a reasonable person of ordinary sensibilities AND
  3. The matter is not of legitimate concern to the public
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7
Q

Publicity of Private Life - Exception

A

Exception - Newsworthy Use - e.g. Investigative reporting is of legitimate concern to the public

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8
Q

False Light - Elements

A

Occurs when:

  1. The ▵ places the ∏ b/f the pub eye
  2. In a False Light
  3. That would be highly offensive to a reasonable person
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9
Q

False Light - Elements

“In false light”

A
  1. Material falsehood
  2. Doesn’t have to be defamatory
  3. Not an intentional tort so even GF belief is not a defense
  4. Public Figures & Matters of Public Concern
    • Malice Required - Plaintiff must show ▵ either knew that the portrayal was false or acted in reckless disregard of whether it was
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10
Q

False Light - Elements

“Defendant places the Plaintiff b/f the public eye”

A

Widespread dissemination is required

  • Distinguished from Defamation - defam. only req. pub. to one other pers.
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11
Q

Invasion of Privacy - Defenses

A
  1. Newsworthy Use - only for appropriation & publicity of private life
  2. Consent - Consent is also a defense to an invasion of privacy
  3. Absolute & Qualified Defamation Privilege - Also apply to the pub. of any matter that is an invasion of privacy
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12
Q

What types of damages are available for intrusion into seclusion claims?

A
  1. Emotional Distress or
  2. Punitive Damages
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13
Q

How is False Light different from defamation ?

A

False Light - The claim is offensive but it is not reputation harming

Defamation - Claim is reputation harming

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