Defamation & Privacy Torts

Question 1

Defamation

Answer 1

(1) False and defamatory statement (harmful to their reputation in the community) regarding another
(2) Unprivileged publication to a third party
(3) Fault of the publisher (at least negligent)
(4) Harm to the subject of the statement caused by its publication

Question 1

Slander v. Libel

Answer 1

Slander: spoken defamation; must prove concrete harm with an assignable monetary value

Libel: written defamation; harm to reputation is sufficient to show harm

Question 2

Misappropriation of Likeness (Defined)

Answer 2

Using a person’s photo or likeness for commercial gain without their consent

Question 3

Actionable Types of Misappropriations

Answer 3

• Use of distinctive identity for a commercial purpose
• Voices and signature slogans. See Midler v. Ford Motor Co.: We hold only that when a distinctive voice of a professional singer is widely known and is deliberately imitated in order to sell a product, the sellers have appropriated what is not theirs and have committed a tort in California.

Question 4

Non-Actionable Types of Misappropriation

Answer 4

• Adoption of another’s name
• Copying something that is not distinct or valuable
• Parody

Question 5

Intrustion Upon Seclusion (Defined)

Answer 5

One who intentionally intrudes, physically or otherwise, upon the solitude or seclusion of another or his private affairs or concerns, is subject to liability to the other for invasion of his privacy, if the intrusion would be highly offensive to a reasonable person.

Question 6

Intrusion Upon Seclusion (Elements)

Answer 6

(1) Intentional intrusion
(2) Upon the solitude or seclusion of another
Reasonably expected privacy
(3) Or his private affairs or concerns
Information gathering will not qualify unless the details sought are confidential and the defendant’s conduct was unreasonably intrusive
Information made public, open to public view, or shared with others are usually not not protected
(4) If the intrusion would be highly offensive to a reasonable person
Examples: wiretapping, eaves dropping through electronic means, overzealous surveillance,
Factors: degree of intrusion, motives and objectives, setting, expectations of privacy

Question 7

Publicity Given to Private Life (Elements)

Answer 7

(1) Publicity given
(2) To the private life of another
(3) That would be highly offensive to a reasonable person
(4) And is not of legitimate public interest
Interest beyond the “thrill of penetrating the wall of privacy that surrounds a stranger.”

Question 8

False Light (Elements)

Answer 8

(1) Publicity given to the another
(2) Placing them in a false light – either including false facts or using true facts to imply a falsity
(3) That would be highly offensive to a reasonable person
(4) And the actor had knowledge or reckless disregard as to the falsity or the false light created

Question 9

False Light (Defined)

Answer 9

Liability for placing parties in a misleading way even if the underlying facts are truthful.

Question 10

Factors to prove Highly Offensive

Answer 10

1) Degree of the intrusion
2) Motives and objectives
3) The setting
4) Expectations of privacy