Unlike libel law, which has been around for centuries, no American courts recognized a right of privacy until this century. Now the number of privacy invasion lawsuits filed against media organizations rivals the number of libel lawsuits.
American courts recognize four kinds of privacy invasion by the media.
- False light. False light is a cousin of libel. Both involve expression about a person that is untrue. But while libelous speech involves damage to a person’s reputation, false light is untrue speech that is highly offensive to a reasonable person. The same legal standards that apply to libel apply to false light. Courts in some states have refused to recognize false light claims and many of the states that do recognize them require the plaintiffto prove out-ofpocket losses resulting from the speech.
- Public Disclosure of Private and Embarrassing Facts. Courts have recognized that certain intimate details about people, even though true, may be “off limits’ to the press and public. In order to succeed in this kind of lawsuit, the person suing must show that the information (a) was not already in the public domain, (b) sufficiently intimate, and (c) highly offensive to a reasonable person. For example, revealing that someone has a sexually transmitted disease would often fit this category.
- Intrusion upon Seclusion. Courts have found that ajoumalist can be held liable for invading an area where a person has a “reasonable expectation of privacy” without the person ’s permission.
- Misappropriation of Name of Likeness. In some states, it is unlawful to use another person’s name or likeness, without consent, to sell a product or service. This limitation only applies to commercial uses of the name or likeness, not news or informational uses. Practically, this only relates to student publications in the context of commercial advertising when someone’s name or face is used without their permission.
For more information about privacy invasion contact the Student Press Law Center.