Comm law ppt invasion of privacy


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Comm law ppt invasion of privacy

  1. 1. Samuel D. Warren and Louis D. Brandeis, The Right to Privacy<br />They argued for the creation of a private remedy -- a lawsuit -- to vindicate privacy rights.<br />" Invasion of Privacy and the Media: The Right "To Be Let Alone <br />
  2. 2. The Press and Invasion of Privacy<br />2 step process determines whether the press is liable for invasion of a person's privacy: <br />1st, has the newsgathering or publishing violated individual’s rights? <br />2nd, is the press "privileged" under the First Amendment<br />
  3. 3. Whether an article or broadcast is newsworthy<br /> whether the information was gathered in an objectionable fashion<br /> whether truthful information is highly offensive<br />Consideration in Privacy cases<br />
  4. 4. 1. intrusion upon a person's seclusion or solitude2. appropriation of a person's name or likeness 3. public disclosures of embarrassing private facts 4. publicity which places a person in a false light.<br />4 areas of Privacy Law<br />
  5. 5. Intrusion Upon Seclusion. <br />The Home -- gets the highest protection from the courts. Photographs and Tape Recording -- Taking photographs of a person or his property in a private place may be an invasion of privacy. <br />
  6. 6. .<br />Advertising -- The unauthorized use of a person's name or photograph is misappropriation. Property Rights -- If someone is selling admission to a performance, it may be an invasion of privacy for the press to release unauthorized broadcasts or photographs. <br />Appropriation<br />
  7. 7. .<br />Personal Matters -- Details about a private person's sexual relationships, the contents of personal letters, facts about an individual's hygiene, or other intensely personal matters may be actionable unless events make those details "newsworthy." Newsworthiness -- Even truthful accounts are actionable if they contain highly offensive details not of legitimate concern to the public. <br />Private Facts<br />
  8. 8. Fabrication -- Inventing quotes or fictionalizing actual events can lead to liability if a person is portrayed in a false light before the public. Photographs out of Context -- Using file photos or film to illustrate a story can imply falsity that may cast the person in a false light<br />False Light <br />
  9. 9. One who intentionally intrudes, physically or otherwise, upon the solitude or seclusion of another is subject to liability to the other for invasion of privacy, if the intrusion would be highly offensive to a reasonable person.<br />Intrusion upon Seclusion<br />
  10. 10. Was the Document, Recording or <br />Photograph Obtained Illegally by<br /> the Reporter or Photographer?<br />Ask:<br />
  11. 11. The First Amendment, the media has the right to gather news from any source by lawful means<br />The First Amendment does not protect those who commit torts and crimes in the name of newsgathering<br />First Amendment and Privacy<br />
  12. 12. Has the Reporter Violated a "Sphere of Privacy" from Which the Plaintiff <br /> Reasonably Expected the Press <br /> To Be Excluded?<br />Sphere of Privacy<br />
  13. 13. Is the Conduct Plainly in the Public View, and the Area Generally Outside the Privacy Sphere?<br />Outside the Sphere of Privacy?<br />
  14. 14. Is the Newsgatherer Guilty of <br />Stalking, <br />overly anxious Surveillance <br />or Shadowing<br />Would a reasonable person think this behavior is excessive?<br />
  15. 15. Has the reporter eavesdropped, or taped Without Consent<br />Consent?<br />? <br />
  16. 16. Has the Plaintiff Consented <br />to the "Intrusion"? <br />What determines consent?<br />
  17. 17. Others are prevented from using a person's name or identity for commercial gain. <br />Appropriation of Name or Likeness. <br />
  18. 18. The plaintiff must prove both that the publication was "highly offensive to a reasonable person" and that the matters were not "of legitimate concern to the public."<br />Publication of Private Facts. <br />
  19. 19. 1. sexual relations 2. family quarrels3. humiliating illnesses4. intimate, personal letters5. details of home life6. photographs taken in private places 7. photographs stolen from a person's home and 8. contents of income tax returns.<br />Considered ‘private facts’<br />
  20. 20. 1. a person's birth date; 2. the fact that a person is married; 3. military record; 4. admission to a profession; 5. occupational licenses; 6. pleadings filed in a lawsuit; 7. arrest reports; 8. police raids; 9. suicides; 10. divorces; 11. accidents; 12. fires; 13. natural disasters; and 14. homicide victims.<br />Considered public facts<br />