TORTS: Privacy

Question 1

Misappropriation

Answer 1

Misappropriation is the unauthorized use of the plaintiff’s name or likeness for commercial purposes such as promotion or advertisement. There is no liability for use of plaintiff’s name or likeness for the purpose of reporting news, this is the newsworthiness exception. Remedies for misappropriation include injunctions and damages.

Question 2

False Light

Answer 2

The widespread publication of a falsehood or material misrepresentation about the plaintiff that would be highly offensive to a reasonable person. This includes mischaracterization of plaintiff’s views or conduct. If the matter is of public interest then malice must be proved. If the plaintiff is a public figure or the matter is of public interest then plaintiff must prove defendant acted with malice. There is no newsworthiness exception.

Question 3

Intrusion Upon Seclusion

Answer 3

This is an intrusion into the plaintiff’s private affairs, where the plaintiff has a reasonable expectation of privacy, and the intrusion is highly offensive to a reasonable person. There is no newsworthiness exception.

Question 4

Disclosure

Answer 4

This is the public disclosure of private facts that are not a matter of legitimate public concern. The release must be objectionable to a reasonable person and the disclosure must be communicated to the public at large not just a single person or a small group. Newsworthiness is an exception.

Question 5

Defenses to Privacy Torts

Answer 5

Consent
Absolute Privilege
Qualified Privilege
Truth is NOT a defense