Invasion of Privacy

Fraud

A misrepresentation intended to deceive another person and thereby gain some advantage, often in the process of making a contract.

Intentional infliction of emotional distress

A tort committed by outrageous conduct intended to cause severe emotional injury to another.

Intrusion

A tort consisting of a highly offensive invasion of a person's physical seclusion or private affairs. One of the legally recognized forms of invasion of privacy.

Model release

A written consent form, signed by people who appear in photographs to be used commercially.

How do courts distinguish between commercial and noncommercial uses?

Advertisements or promotions of products and services are examples of messages with a commercial purpose.A news oriented use is not considered commercial, even though the medium is operated for profit.To be a commercial use, there must be a direct, self-serving link between the individual's identity and the promotion of a product, service or organization.

Outrage

An independent tort composed of intentional, outrageous conduct that causes severe emotional distress. May be called intentional infliction of emotional distress, or another name, depending on jurisdiction.

Trespass

An intentional, unconsented entry upon property rightfully controlled by others.

Florida Star v. BJF

BJF—Newspaper published one-paragraph item about sexual assault that included the victim's name. Name was obtained from a police report. There was a sign in the press room that warned rape victim's names were not considered a part of the public record. There was also a statute that barred publication of names.

Implied consent

Consent reasonably assumed from signs, actions, silence, or tradition

human cannonball case

Court held there is no First Amendment privilege where a person's entire act is broadcast without consent in the context of the news. This is a narrow and rare exception to the usual principles of appropriation law.

Electronic Communications Privacy Act

Federal legislation passed in 1986 that makes it a crime to use devices to intercept or record others' communications.

Paparazzi

Freelance photographers who make their living by aggressively pursuing celebrities to obtain candid pictures.

Private facts

Information about an individual that is not available to the public and is of a nature that people generally keep confidential. A key element to a lawsuit for wrongful disclosure of private facts.

Onassis case(Intrusion Upon Seclusion)

Onassis claimed the photographer invaded privacy, assaulted, harassed and intentionally inflicted mental distress.

Cause of action

Particular facts entitling a person to a claim for legal redress. For example, a sloppy news story could provide a cause of action for libel and a cause of action for invasion of privacy.

Appropriation

The commercial use of a person's name or likeness without consent. One of the commonly recognized forms of invasion of privacy; sometimes called misappropriation.

Commercial Appropriation of Name or Likeness

The commercial use of a person's name or likeness without their consent.This is sometimes also called misappropriation or infringement of an individual's right of publicity.

Intrusion Upon Seclusion

The intentional invasion of a person's physical seclusion or private affairs in a manner that would be highly offensive to a reasonable person.

Right of publicity

The legal right of individuals to control and profit from the commercial use of their own identities. See Appropriation.

Public record privilege

The right to accurately disseminate information that appeared in an open, governmental proceeding or in public documents, without incurring liability for defamation or for publication of private facts.

Placing an Individual in a False Light

This privacy tort is similar to defamation. False light is the representation of an individual in a false and highly offensive manner before the public.

Public Disclosure of Embarrassing Private Facts

This tort is the public disclosure of embarrassing private facts that are not newsworthy when such disclosure would be highly offensive to a reasonable person.This tort runs contrary to traditional notions about freedom of expression because it allows the media to be sued for disseminating truthful information.

Commercial use of name or likeness

Use of another person's identity for a trade or self-enrichment purposes.

Criminal trespass

Wrongly entering or remaining upon another's property in blatant defiance of the owner's clearly stated wishes.

Newsworthiness defense

defense to lawsuits for public disclosure of private facts.

False light

A tortious representation of an individual in a false and highly offensive manner before the public. Recognized in many states as a form of invasion of privacy.

Knowing consent

Consent granted with actual knowledge of its significance. Legally valid consent.

Express consent

Definite and specific assent to a course of action, as distinguished from implied consent consent.

False light cases three categories

Distortion,describing child hit by car as careless pedestrian when that is not the case. Distortion typically occurs when photos are used out of context.Embellishment, occurs where writers take liberty with the news. Fictionalization,using real identifiable characters in tales born of the imagination. Test is whether a reasonable person reading your story would believe the fictional character is this real person.

Misappropriation

The privacy tort of appropriating a person's identity for commercial purpose with out consent.

Four Distinct Torts

1) Commercial Appropriation of Name or Likeness 2) Public Disclosure of Embarrassing Private Facts 3) Placing an Individual in a False Light 4) Intrusion Upon Seclusion

Fraud

1) makes a false representation of significant fact 2) knowing the representation is false 3) intending to induce reliance upon the misrepresentation, and 4) where the plaintiff did justifiably rely, resulting in damage.

Harassment

A crime or tort committed when one person follows, stalks, or interrupts another in a highly annoying or threatening manner.

Photo consent form

A form commonly used by photographers to get their subjects' permission to use the pictures for commercial purposes.