INVASION OF PRIVACY

MEDIA LAW

Greatest fault?

Three out of four in Times Mirror survey said news organizations invade people’s privacy.

Four ways to invade privacy

Intruding on person’s physical or mental solitude

Publishing or disclosing embarrassing personal facts.

Giving some publicity that places a person in a false light.

Using someone’s name or likeness for commercial benefit.

INVASION OF PRIVACY

Most privacy lawsuits do not succeed.

Physical or mental solitude

OK to photograph on a public street or at a public event.

Release form signed if in a private situation. Galella vs. Onassis: Photographer ordered to

stay away from her and her family.

Embarrassing Personal Facts

Personal facts used must be newsworthy. Public officials have little legal protection

from reporting about their private lives. Public records (including court proceedings)

are not private.

False Light

False light: what was implied about someone in a story is incorrect.

Time Inc. vs. Hill — 1955 Supreme Court ruled that actual malice must be

proved in false light cases. Cantrell vs. Forest City Publishing — 1974

Actual malice proved when reporter intimated that he had seen and spoken to widow.

How to Avoid False-Light Cases

Portray events and people truthfully.

Right of Publicity

Permission must be given to use someone’s name and likeness (especially important for advertising and public relations).

This right continues even after a person dies.