Invasion of Privacy

Question 1

Invasion of Privacy Torts

Answer 1

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

Question 2

Appropriation - Elements

Answer 2

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.

Question 3

Appropriatin - Exception

Answer 3

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.

Question 4

Intrusion - Elements

Answer 4

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.

Question 5

Intrusion - Where must it occur?

Answer 5

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.

Question 6

Publicity of Private Life - Elements

Answer 6

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

Question 7

Publicity of Private Life - Exception

Answer 7

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

Question 8

False Light - Elements

Answer 8

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

Question 9

False Light - Elements

“In false light”

Answer 9

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

Question 10

False Light - Elements

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

Answer 10

Widespread dissemination is required

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

Question 11

Invasion of Privacy - Defenses

Answer 11

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

Question 12

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

Answer 12

1. Emotional Distress or
2. Punitive Damages

Question 13

How is False Light different from defamation ?

Answer 13

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

Defamation - Claim is reputation harming