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Published byNathan Horn Modified over 9 years ago
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INVASION OF PRIVACY MEDIA LAW
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Greatest fault? Three out of four in Times Mirror survey said news organizations invade people’s privacy.
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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.
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INVASION OF PRIVACY Most privacy lawsuits do not succeed.
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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.
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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.
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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.
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How to Avoid False-Light Cases Portray events and people truthfully.
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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.
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