2. Four Torts of Privacy Law
● Intrusion into a person's seclusion or private
affairs
● Public disclosure of embarrassing private facts
● False light
● Misappropriation
3. Pavesich V. New England Mutual
Life Insurance Co.
● 1904 Case prevented companies from using a
photo of a person without permission.
● New England Mutual made an ad with two
pictures of Paolo Pavesich.
– One depicted a very healthy client
– The other was of a sickly person who didn't
have coverage
● Paolo had no relation to New England Mutual
4. Pavesich V. New England Mutual
Life Insurance Co.
● Paolo never gave permission to allow New
England Mutual to use pictures of him.
●
Judge ruled in his favor referencing the 4th
and
14th amendment
– Unreasonable Searches and Seizures
– Citizenship and civil rights
● In the judge's ruling:
– “The right of privacy is embraced within the
absolute rights of personal security and
personal liberty”
5. What is privacy
● Basically...The right to be left alone.
Sadler, R. (2005). Electronic media law. Privacy (pp. 174-176).
SAGE.
6. When was privacy law
introduced?
● The Privacy Act of 1974
– establishes a code of fair information practices
that governs the collection, maintenance, use,
and dissemination of personally identifiable
information about individuals that is
maintained in systems of records by federal
agencies
US Dep of Justice. The Privacy Act of 1974
http://www.usdoj.gov/opcl/privacyact1974.htm
8. Why is privacy law important
● Prevents media outlets from publishing private
information.
● Protects your likeness from being used without
permission.
9. Who is privacy law meant to
protect?
● Private citizens from the unlawful intrusions
from the government and media.
10. What is defamation?
● Privacy for Private Citizens
– Protection from defamation
● Something said that is false, harms a person’s
reputation or esteem in the community.
● Privacy for Public Figures
– Cannot sue for defamation
● Who decides. Private v. Public
– Only a judge can decide.
Media Law Minnesota Q&A: Online Defamation
http://medialawminnesota.wordpress.com/qa-online-defamation/
11. What are the problems with
Photojournalism and Privacy
● Journalists now have long range lenses that
can shoot from very far away
● A demand for attention grabbing photos
● Who is fair game?
– Politicians in private?
– A grieving family?
● When is intrusion justified?
12. What are the problems with
Photojournalism and Privacy
Carolynne Burkholder . Online Journalism Ethics
http://www.journalismethics.ca/online_journalism_ethics/photojournalism.htm
13. What are some cases dealing
with media law?
● Bowers V. Hardwick
– Gay Rights
● Pavesich V. New England Mutual Life
Insurance Co.
– Prevented use of photos without permission
● Mapp v Ohio
– evidence obtained in violation of the Fourth
Amendment may not be used in criminal
prosecutions in court
14. When has a photojournalist gone
too far?
● Matt Mock – History
– If they are photographing people in their house,
then I believe hey have gone too far. If they
are taking photos of Politicians, it keeps them
honest.
● Ishmail Shakur - Undecided
– If they invade someone's private property they
have gone too far.
● Charles Ellis – Computer Science
– A photographer has gone too far when they
worry about the story more than well being of
the subject.
15. Pavesich V. New England Mutual
Life Insurance Co.
Sykes, C. (1999). The end of privacy , Losing Ground (pp. 95). Macmillan.
