Invasion of Privacy. Beginnings  As a right became recognized in 20 th c. Introduced by Louis Brandeis (future SC judge)  Began in US  Two types 

Slides:

Advertisements

Similar presentations

Media Law and Staff Policies.

Advertisements

© Copyright 2006 Student Press Law Center Invasion of Privacy Law for High School Student Journalists An introduction to invasion of privacy law for.

News Gathering & the Law The Role of the First Amendment The text of the First Amendment, by its terms, says nothing about a right to gather news or a.

Common ways to invade someone’s privacy. Key Terms  Public Official  Persons who have substantial responsibility or control over government affairs.

Chapter 15 Intentional Torts Intentional Torts - When people deliberately cause harm or loss to another person Intent – the desire to commit an act for.

Chapter 3 Tort Law.

A closer look at privacy How Brandeis’s theories have affected media law.

2 Crimes & Torts Crimes Intentional Torts

© Copyright 2006 Student Press Law Center Press Law Primer for High School Student Journalists Common legal issues and resources for high school student.

PRIVACY: What does it mean?? Molly, Julia, Erin and Andrew Project.

INVASION OF PRIVACY MEDIA LAW. Greatest fault?  Three out of four in Times Mirror survey said news organizations invade people’s privacy.

Invasion of Privacy Invasion of Privacy The right to be left alone.

Invasion of Privacy – What you are (and are not) entitled to in the eyes of the law Image courtesy of privacy-please/

INVASION OF PRIVACY What is freedom of the press? Should there be limits on the press? Are there aspects of the media essential to freedom of the press?

Invasion of Privacy Law for High School Student Journalists An introduction to invasion of privacy law for high school student journalists and their advisers.

 Principal Jones is a bit of a scoundrel. I heard he often suspends kids he doesn’t like for no reason.  I wouldn’t go to Bob’s Ink for tattoos: they.

Yes No Yes No Yes No Yes No Yes No Yes No Yes No.

PRIVACY LAW JOUR3060 Communication Law & Regulation.

First Amendment to the Constitution Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging.

Legal Implications of the Press Laws, Ethics, and Policy Laws, Ethics, and Policy Laws: What we have to do Laws: What we have to do Ethics: Self-discipline,

Legal & Ethical Issues in News. Anyone can sue...  Tort -- a wrong other than breach of contract for which an injured party is able to bring a lawsuit.

1 Privacy & Related Issues. 2 The 4 Privacy Torts 1.Appropriation 2.Intrusion 3.Disclosure of private facts 4.False light.

The Privacy Torts Public Disclosure of a Private Fact Intrusion False Light Appropriation.

Business Law and the Regulation of Business Chapter 7: Intentional Torts By Richard A. Mann & Barry S. Roberts.

Intentional Torts Law in Action – Ch. 15.

Ethics and the Law in Journalism. Key Concepts Understand the ethical principles of journalism Understand libel laws and what defenses journalists have.

The right to be left alone.  Journalists believe they have the right to publish what they think the public needs to know. (First Amendment)  Individuals.

Chapter 15.  A false & defamatory attack in written form  On a persons reputation or character  Be careful if ▪ You are negligent in publishing ▪ Uncertainty.

Sabrina N, Dana M, Erika K and Connor C. What it is.. Libel is the publication of words, pictures or symbols of false statements or facts that harm another's.

Law Review Stuff you need to know.. But first…the bellringer Caption this photo. Remember the rules: Always give me the full Quote Style Caption. Use.

2 TORT Means“Wrong” 3 TORT A violation of a duty imposed by civil law.

The Right to Privacy Jody Blanke, Professor Computer Information Systems and Law.

Chapter 61 Personal Injury Laws Offenses Against Individuals Intentional Torts, Negligence, and Strict Liability Civil Procedure CHAPTER.

The Right to Privacy. No where in the Constitution are the words “right to privacy”

1 BSAD B18 Business Law Bakersfield College. 2 Torts n Purpose of Tort Law is to provide remedies for the invasion of various protected interests. n Personal.

CONFIDENTIALITY. BREACH OF CONFIDENCE  Breach of confidence is based on the principle that a person who has obtained material “in confidence” should.

CHAPTER THREE 3-1 TORT LAW. TORT LAW IS BASED ON THE IDEA THAT EVERYONE IN OUR SOCIETY HAS CERTAIN RIGHTS Along With Having Certain Rights, Everyone Has.

Invasion of Privacy in Digital Media Basic Concepts.

Student Press Law What Advisers Need to Know 1. CENSORSHIP Censorship does not teach responsibility. 2.

Libel Different types, how to avoid it This is how you keep your job.

The Privacy Torts Public Disclosure of a Private Fact Intrusion False Light Appropriation.

COMMUNICATION LAW Chapter 20. Communication Law Preview Libel— –Libel is defamation (injury to someone’s reputation) by written words or by communication.

Curriculum ~ Legal Issues Taking Issue legal considerations for student publications.

ETHICS AND LEGALITIES JOURNALISM. JOBS OF JOURNALISTS POLITICAL FUNCTION – WATCHDOG OF THE GOVERNMENT ECONOMIC FUNCTION – BUSINESS, FARMING, INDUSTRIAL.

A Crash Course in Press Law For the High School Press.

The First Amendment and Oregon Student Journalists Allison Marks, Adviser THE FOREST Forest Grove High School.

Mass Media Law 18 th Edition Don Pember Clay Calvert Chapter 8 Invasion of Privacy: Publication of Private Information and False Light McGraw-Hill/Irwin.

Mass Media Law 18 th Edition Don Pember Clay Calvert Chapter 7 Invasion of Privacy: Appropriation and Intrusion McGraw-Hill/Irwin © 2013 McGraw-Hill Companies.

Chapter 14.  A false & defamatory attack in written form  On a persons reputation or character  Be careful if ▪ You are negligent in publishing ▪ Uncertainty.

The Right of Privacy and the Right of Publicity It’s not just about tabloids and fame Heather Briston Special Collections and University Archives University.

The legal right of privacy has been defined as the right to be let alone, the right of a person "to withhold himself and his property from public scrutiny.

Copyright © 2010 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. and the Legal Environment, 10 th edition by Richard.

Intentional Torts Chapter 19. Intentional Torts Actions taken to deliberately harm another person or their property Two types of torts: 1.Injury to person.

Understanding Libel Journalism. What is libel? Definition: Publication of a false statement that deliberately or carelessly damages someone’s reputation.

Chapter 2 Tort Law and Product Liability. Chapter Objectives After reading this chapter, you will know the following: The elements of negligence liability.

 Laws and Ethics. Copyright Law  Prevents others from plagiarizing your work and publishing it elsewhere  Makes it dangerous to copy things from the.

The Right to Privacy Jody Blanke

The Right to Privacy Jody Blanke

Image courtesy of Invasion of Privacy – What you are (and are not) entitled to in the eyes of the law.

The Law of Journalism & Mass Communication

Privacy What does it mean to you?.

By Richard A. Mann & Barry S. Roberts

Publication of Private Facts

Legal & Ethical Issues in News

Legal Considerations for Student Publications

The First amendment and unprotected speech.

The 4th Amendment Notes 5-3.

Legal Considerations for Student Publications

Publicity to Private Facts

School Searches and You

Presentation transcript:

Invasion of Privacy

Beginnings  As a right became recognized in 20 th c. Introduced by Louis Brandeis (future SC judge)  Began in US  Two types  Govt. Unreasonable search of home 4 th Amendment  Person/organization You are “invaded” by someone/some organization.

False Light  Identical to libel  One difference- No damage needed  Prove only “extreme embarrassment”  Need to show all 3 others  Some states don’t recognize.

Misappropriation  Aka “Commercialization”  Using someone’s name or face in advertising.  You must have that person’s permission.  This privacy can be sold or transferred.

Intrusion  News gathering  You have a “space.” If you intrude it, you’re wrong.  Linked to trespass: bathroom, clinic, principal’s office  You can take pics/info, but you need permission.  Must be an intrusion with the naked eye- ex: in street looking in the window.

Nellie Bly Didn’t she go undercover?  Yep. Into a mental institution.  It WAS intrusion; however…  “Newsworthiness” is a factor- it supersedes privacy.  The act of going in is illegal.  Findings outweighed harm in falsity of admittance.  EX: Testing airport security

Public disclosure of private/embarrassing facts  Information must be private. Can’t be public record Not generally known  Must be sufficiently intimate. Few people know.  Must be extremely embarrassing to be revealed.  EX: teen at AA sees a teacher.

Defense  Newsworthiness  Courts have said that it’s “things people are interested in.”

Oliver Sipple  Sipple v. Chronicle Publishing, 1984, after Oliver Sipple prevented the assassination of Gerald Ford, the world learned he was homosexual. He sued for invasion of privacy, but the stories were ruled to be newsworthy. and sealed." - Sipple v. Chronicle Publishing  

Now enjoy Rubber Ducky  Is it false light?  Is it intrusion?  Is it private disclosure of embarassing facts?

Rubber Ducky  Is it false light? Yes, they’d win. But FL is minor in settlement.  Is it intrusion? It’s a bathroom. They gave consent to photograph, but not to a “reporter” for the paper.  Is it public disclosure? Is it known they have coed showers? Is it newsworthy? Yes, but for those 4 people?