Flashcards in Part Three: Privacy Torts Deck (12)
What are the four privacy torts?
1. Appropriation of P's picture or name;
2. Intrusion into P's affairs or seclusion;
3. Publication of facts placing P in false light;
4. Public disclosure of private facts about P
What is "Appropriation of P's Picture or Name"?
P must show:
1. UNAUTHORIZED use;
2. of P's NAME or PICTURE;
3. for D's COMMERCIAL ADVANTAGE
-liability is generally limited to advertisements or promotions of products/services
- mere economic benefit to D (not in connection w/ advertising or promotion) is NOT enough
What is "Intrusion on P's Affairs or Seclusion" ?
- Act of INTRUSION must be HIGHLY OFFENSIVE TO A REASONABLE PERSON
- The thing into which there is an intrusion must be "private"
-Photos taken in public places are NOT actionable.
What is "publication of Facts Placing P in False Light"? (FALSE LIGHT)
- one attributes to P views he DOES NOT HOLD OR actions he DID NOT TAKE
- false light must be "highly offensive to a reasonable person" under the circumstances
- for liability to attach, there must be publicity
SEE ALSO: 1st Amendment limitation
What is the constitutional limitation on "False Light"?
- If it relates to a "matter of public concern" then "actual malice" must be shown
What is "Public Disclosure of Private Facts about Plaintiff" ?
- Public disclosure must be of "private information". Matters in the public record are not sufficient.
- Public disclosure must be "highly offensive to a reasonable person"
- Liability may attach EVEN if statement is TRUE.
-1st amendment limitations MAY apply if it the matter is of legitimate public interest
With regards to the privacy torts, what is the rule regarding "causation"?
The invasion MUST have been PROXIMATELY CAUSED by D's conduct
With regards to the privacy torts, what is the rule regarding Damages?
Plaintiff need not plead/prove special damages. Emotional distress and mental anguish are sufficient damages.
With regards to the privacy torts, what is the rule regarding DEFENSES?
- Defamation Privilege Defenses
- Good faith/lack of malice
Do privacy rights extend to members of family?
No. The right to privacy is a personal right, and does not extend to members of family, is not assignable
Do privacy rights survive death of plaintiff?