IV. Torts: Invasion of Right to Privacy

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Author:
rubidoux
ID:
135799
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IV. Torts: Invasion of Right to Privacy
Updated:
2012-02-29 13:45:26
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invasion right privacy torts bar
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invasion of right to privacy
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  1. INVASION OF RIGHT TO PRIVACY:
    FOUR KINDS OF WRONGS
    1. appropriation by defendant of plaintiff's picture or name for defendant's commercial advantage;

    2. intrusion by defendant upon plaintiff's affairs or seclusion;

    3. publication by defendant of facts placing plaintiff in a false light; and

    4. public disclosures of private facts about the plaintiff.
  2. APPROPRIATION OF PICTURE OR NAME:
    PRIMA FACIE CASE
    • unauthorized use of plaintiff's picture or name for defendant's commercial advantage
    • ----------------
    • generally limited to the use of plaintiff's picture or name in connection with the promotion or advertisement of a product or service
  3. INTRUSION ON AFFAIRS OR SECLUSION:
    PRIMA FACIE CASE
    1. act of prying or intruding on the affairs or seclusion of the plaintiff;

    2. that would be objectionable to a reasonable person; and

    • 3. the thing to which there is an intrusion is private.
    • -------------------------------
    • must be of something private, so would not include taking pictures in public place
  4. PUBLICATION OF FACTS PLACING PLAINTIFF IN FALSE LIGHT:
    PRIMA FACIE CASE
    1. publication of facts about plaintiff placing plaintiff in a false light in the public eye;

    2. the false light is something that would be objectionable to a reasonable person under the circumstances; and

    • 3. malice if the published matter is in the public interest
    • -------------------------
    • publicity is more that publication in the defamation sense

    malice here goes to knowledge of falsity or reckless disregard for the truth
  5. FALSE LIGHT: DEFINITION
    A fact is deemed to present plaintiff in a false light if it attributes to him:

    -- views that he does not hold; or

    -- actions that he did not take

    NOTE: this element involves falsity and, as such, may also involve defamation if the falsity affects reputation.
  6. PUBLIC DISCLOSURE OF PRIVATE FACTS:
    PRIMA FACIE CASE
    1. publication or public disclosure by defendant of private information about the plaintiff; and

    2. the matter made public is such that a reasonable person would object ot having it made public

    • 3. malice if the matter is one of legitimate public interest
    • ----------------
    • prima facie case may be made even where the statements are true

    basis for action may be intentional, negligence, or strict liability
  7. DEFENSES TO INVASIONS OF PRIVACY
    -- consent -- some states require consent to be in writing, mistake as to consent kills the defense

    • -- absolute and qualified privileges applicable to defamation
    • --------------------
    • truth is not a good defense

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