Invasion of Privacy Law In General
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Invasion of privacy:
• Name and Likeness Appropriation: Appropriation of Plaintiff's Picture, name or likness for Defendant's commercial advantage.
• Intrusion upon seclusion-one who intentionally upon the solitude or seclusion of another or his private affairs or concerns which would be highly offensive to a reasonable person has committed the tort of invasion of privacy.
• Publicity given to private life-one who gives publicity to a matter concerning the private life of another that would be highly offensive to a reasonable person & is not of legitimate concern to the public has committed the tort of invasion of privacy
• False Light: Publicly placing person in false light-one who gives publicity to a matter concerning another that places the other before the public in a false light that would be highly offensive to a reasonable person & which was done with actual malice has committed the tort of invasion of privacy
• If you have a defamation issue false light may also be an applicable cause of action. It is diferent than defamation though (think publicity v. publication) highly offensive to Reasonable person. False light-statement of fact that is false (how was it reasonably understood as being a statement of fact & was it false) All privileges that apply to defamation apply here plus more actual malice -if you say I entertain serious doubts to the truth you prove malice
Intent/highly offensive/reasonable “Observation” Wiretapping, binoculars, taping, stalking
- Plaintiff’s premises in public less likely to be highly offensive intrusion must be unreasonable (unjustified/inexcusable)
- One carries with him a zone of privacy
- Invasion of privacy can be justified
- Is garbage deemed public?
- Substantial interference (repeat performance)
Actual intrusion observation, not the disclosure of the contents (not publication)
General Rule:
• Publication (person) v. Publicity (made public by community to the public at large or to a very substantial number of persons) -constitutional issues: 1st Amendment (permissible v. not permissible) • No requirement of truth but frequently true Public concern-entitlement v. morbid sensationalism (prying) How would a decent person evaluate it?
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