Chapter 8

Question 1

Public Disclosure of Private Facts

Answer 1

Publicizing private, highly offensive, and non-newsworthy information about an individual

Question 2

Publicity

Answer 2

The information must be widely shared, not just with one person

Question 3

Private Facts

Answer 3

the disclosed information must not already be public

Question 4

Highly offensive

Answer 4

The disclosure must be highly offensive to a reasonable person

Question 5

Not of Public concern

Answer 5

the facts must not be newsworthy

Question 6

Libel law

Answer 6

Publication occurs when one third party sees defamatory content

Question 7

Privacy law

Answer 7

Publicity requires a large audience or enough exposure that the information will soon become public knowledge

Question 8

Information is not private if:

Answer 8

• It happened in public
• A large number of people already know about it
• It is in public records (Court documents, police reports_

Question 9

What is legal in naming rape victims?

Answer 9

If a victims name is in public records or obtained legally, it can be published

Question 10

What are some ethical concerns in naming rape victims?

Answer 10

Most media outlets voluntarily withhold names out of respect

Question 11

Highly offensive publicity

Answer 11

would a reasonable person find it offensive?

Question 12

Privacy of death doctrine

Answer 12

Courts have ruled that parents may have privacy rights over images of deceased children to prevent public explotation

Question 13

In newsworthiness vs. Privacy Rights, what are three things the courts consider?

Answer 13

1. The social value of the information
2. How deeply private the facts are
3. Whether the person voluntarily become a public figure

Question 14

Balancing Test

Answer 14

Right to privacy vs. Public’s right to know

Question 15

Society of Professional Journalists (SPJ) Code of Ethics

Answer 15

• Journalists should consider harm and discomfort when reporting
• Show good taste and avoid sensationalism

Question 16

Newsworthiness does not excuse ____

Answer 16

Insensitivity

Question 17

Retelling history

Answer 17

The media is legally protected with the right to recount past events

Question 18

What are two types of lawsuits in Retelling History?

Answer 18

1. Historical recounting - not a violation of privacy
2. “Where are they now?” stories - allowed if not designed to humiliate

Question 19

False light

Answer 19

Publicizing false or misleading information about someone that is highly offensive

Question 20

What are the key elements of false light?

Answer 20

• The false impression must be highly offensive
• the publisher must be at fault

Question 21

False light vs. Libel

Answer 21

False light - focuses on emotional harm or embarrassment

Libel - focuses on damage to reputation

Question 22

False-light claims do NOT require _______

Answer 22

defamatory content, only misleading or offensive portrayals

Question 23

Fictionalization

Answer 23

Dramatizing or distorting real events (common in docudrama)

Question 24

What is a defense to fictionalization?

Answer 24

To avoid lawsuits, filmmakers buy rights to real-life stories and obtain waivers

Question 25

What are 3 common causes of False-Light Claims?

Answer 25

1. Editing or writing mistakes 2. Poor judgement in selecting images 3. Use unrelated photos in misleading ways (ex. a stock image of someone appearing next to an article about crime)

Question 26

What makes False-Light Highly Offensive?

Answer 26

Courts assess whether a reasonable person would find the portrayal highly offensive

Question 27

False-light claims focus on the right to be left alone, not _______

Answer 27

Reputation damage

Question 28

Fault standard for False-Light

Answer 28

Established in Time, Inc. v. Hill

Question 29

In False-light, public figures must prove ______

Answer 29

Actual malice

Question 30

In False-light, private individuals must prove ______

Answer 30

at least negligence

Question 31

** Time, Inc. v. Hill (1967)

Answer 31

False light cases require proof of fault, similar to libel cases

Question 32

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

Answer 32

Media can publish truthful information obtained legally even if highly offensive

Question 33

Bartnicki v. Vopper (2001)

Answer 33

Journalists are protected if they publish illegally obtained material they did not acquire unlawfully

Question 34

Zacchini v. Scrupps-Howards (1977)

Answer 34

Using someone's entire performance without consent violates the right of publicity

Question 35

Cantrell v. Forest City Publishing (1974)

Answer 35

Deliberate falsehoods in feature stories can lead to false-light claims

Question 36

Cox Broadcasting v. Cohn (1975)

Answer 36

Media can publish truthful information from public records, even if embarrassing

Question 37

Spahn v. Julian Messner, Inc. (1966)

Answer 37

Fictionalizing a biography without permission can result in false-light claims

Question 38

Newsworthiness

Answer 38

A key defense in privacy cases; courts weigh public interest vs. privacy rights

Question 39

Actual Malice

Answer 39

Reckless disregard for truth, required for public figures in false-light cases

Question 40

Negligence

Answer 40

Failure to exercise reasonable care, required for private individuals