Chapter 7

Question 1

Why is the right to privacys risk increasing?

Answer 1

• advances in communication technology
• post 9/11 security concerns
• a new generation more willing to share personal information online

Question 2

privacy of autonomy

Answer 2

Individual should be free to make personal decisions without government interference

Question 3

privacy of space

Answer 3

People have a right to a physical zone of privacy, where others cannot intrude

Question 4

privacy of information

Answer 4

Individual should control who can access and share their personal data

Question 5

What are the three conceptions of privacy?

Answer 5

1. Privacy of autonomy.
2. Privacy of space
3. Privacy of information.

Question 6

Constitutional law

Answer 6

Privacy protections, inferred from the fourth and 14th amendments

Question 7

statutory law

Answer 7

Federal and state laws regulate privacy
Ex. HIPAA and FERPA

Question 8

Common law

Answer 8

Court decisions, established precedence for privacy rights

Question 9

administrative law

Answer 9

Agencies like the FTC, regulate data protection and privacy

Question 10

what are the four areas of privacy law?

Answer 10

1. Appropriation.
2. Intrusion.
3. Public disclosure of private facts.
4. False light.

Question 11

Appropriation

Answer 11

Unauthorized use of someone’s name, image, or likeness for profit

Question 12

intrusion

Answer 12

Physically or technologically violating someone’s private space or personal affairs

Question 13

public disclosure of private facts

Answer 13

Publishing, highly personal information that is not newsworthy

Question 14

false light

Answer 14

Publishing, misleading, or distorted information that damages a person’s reputation

Question 15

it is illegal to use an individuals _______, _____, or _______ for commercial purposes without permission

Answer 15

Name, image, or likeness

Question 16

right to privacy

Answer 16

Protects against emotional harm caused by unwanted use

Question 17

right of publicity

Answer 17

Protection of a person’s economic value in their identity

Question 18

names

Answer 18

Full name, nicknames, pin names, stage names

Question 19

likeness

Answer 19

Photographs, drawings, voices, look-alike, sound-alikes

Question 20

When is use considered commercial?

Answer 20

• using a person’s image in an advertisement
• featuring someone’s photo and a shop window as an example of work
• false endorsements, implying a person uses a product

Question 21

news and public interest exception

Answer 21

If someone appears in a news worthy story, they cannot sue for appropriation

Question 22

Doctrine of incidental use

Answer 22

A brief or fleeting use of a name or image is usually not considered appropriation

Question 23

booth rule

Answer 23

Using someone’s image and ads for a media outlet is allowed if they appeared in that outlet content

Question 24

Political and Issue Ads

Answer 24

using a person name in a political campaign or cause-related ad is not appropriation

Question 25

Written consent

Answer 25

is legally strong

Question 26

Oral consent

Answer 26

can be withdrawn before publication

Question 27

Consent is invalid if

Answer 27

- It was given a long time ago - It was signed by a minor or someone legally incapable - the image has been substantially altered

Question 28

Privacy rights ____ with the individual

Answer 28

die

Question 29

Right of publicity in some states

Answer 29

allows heirs to control their likeness

Question 30

What is intrusion?

Answer 30

It is illegal to intrude into someone's private space in away that a reasonable person would find highly offensive

Question 31

Trespass

Answer 31

Unauthorized physical entry onto property

Question 32

Intrusion

Answer 32

invasion of someone's private space or affairs. Includes technological invasions (i.e hidden cameras, data breaches)

Question 33

What are 3 ways intrusion can occur?

Answer 33

1. Eavesdropping on private conversations 2. Hacking personal records 3. Using long-distance cameras or drones

Question 34

What are some public places people have no expectation of privacy?

Answer 34

Streets, Parks, and Restaurants

Question 35

Photographers can take pictures in public but ____________ _____ may apply

Answer 35

Harassment laws

Question 36

What laws does California have to protect people from aggressive media tactics?

Answer 36

anti-paparazzi laws

Question 37

Hidden recording devices and drones

Answer 37

- many states have laws restricting drones and hidden cameras - The FAA regulates drone usage in media and surveillance

Question 38

The press may publish:

Answer 38

- Truthful material - Newsworthy content

Question 39

A journalist cannot:

Answer 39

- Personally break the law (hacking, theft) - Encourage illegal methods of obtaining information

Question 40

Zacchini v. Scripps-Howard (1977)

Answer 40

A TV station broadcast an entire stunt act, violating right of publicity

Question 41

Carson v. Here's Johnny (1983)

Answer 41

Ruled that catchphrases or distinctive elements can count as a likeness

Question 42

Midler v. Ford Motor Co. (1988)

Answer 42

Using a sound-alike singer in a commercial violated Bette Midler's right of publicity

Question 43

Comedy III v. Saderup (2001)

Answer 43

Artistic works can infringe on publicity rights if used for profit

Question 44

Flordia Star v. B.J.F. (1989)

Answer 44

Publishing lawfully obtained truthful information is protected unless there's a compelling reason to prevent it

Question 45

Bartnicki v. Vopper (2001)

Answer 45

Media cannot be punished for publishing lawfully obtained information, even if it was illegally obtained by a third party

Question 46

Dietemann v. Time, Inc. (1971)

Answer 46

HIdden recording in a private home was ruled intrusive and illegal

Question 47

Reasonable Expectation of Privacy

Answer 47

The standard determining whether an intrusion is illegal

Question 48

Hidden recording

Answer 48

Secretly capturing audio or video, often leading to privacy lawsuits

Question 49

Publication of Illegally Obtained Information

Answer 49

Allowed if if legally obtained by the press, but not if they break the law themselves