Invasion of Privacy CONFLICT

Transcription

1 The Right to Privacy The right to be let alone and the right of a person to be free from unwarranted publicity. Constitutional law. Tort Law CONFLICT Right of privacy v. First Amendment Invasion of Privacy ❶ Publication of Private Facts ❷ Intrusion ❸ False Light ❹ Commercialization/ Appropriation

2 ❶ Private Facts Publication of a private matter that is: (1) highly offensive to a reasonable person, AND (2) is not of legitimate concern to the public. TRUTH is not a defense. Defenses First Amendment Protects most truthful information lawfully acquired. Newsworthiness Public Records and Occurrences Strange and Unusual Newsworthiness over Time Consent First Amendment Cases Cox Broadcasting Corp. v. Cohn (1975) Florida Star v. B.J.F. (1989) Florida v. Globe Communications Corp. (1994)

3 Florida Star v. B.J.F. Florida Statute Prohibits anyone from printing, publishing or broadcasting...in any instrument of mass communication the name or other information identifying a victim of a sexual offense. Criminal offense punishable by up to one year in jail. Constitutional or Unconstitutional???? Florida v. Globe Communications Corp. (1994) Globe published the identity of Patricia Bowman - alleged victim. Globe had lawfully learned of identity through standard investigative techniques. Revised Florida Statutes (1) punishes public employees or officers who willfully and knowingly disclose identify of victim. (2) provides for civil remedy against entity or individual who reveals information if revelation was intentional and done with reckless disregard for highly offensive nature of publication. Constitutional or Unconstitutional???

4 Defenses Newsworthiness Public Records and Occurrences Strange and Unusual Newsworthiness over Time Cape Publishing, Inc. v. Bridges Newsworthiness Public Records/Occurrences Strange and Unusual Newsworthiness over time Consent Defenses

5 ❷ Intrusion * Paparazzi or Uninvited Ridealongs Intrusion (1) Undercover Reporting (2) Secret Recordings/ Hidden Cameras (3) Laws prohibiting taping of certain conversations Intrusion Fourth Amendment Tort of Information Gathering Public and Quasi-Public Places Private Places Trespass

6 Intrusion Key: Reasonable expectation of privacy The intentional invasion of a person s physical seclusion or private affairs. Highly offensive to a reasonable person. Secret Recording Dietemann v. Time, Inc. Privacy and the Internet Florida Statute: Security of Communications--Chapter 934 Florida Law - Security of Communications Chapter 934, Florida Statutes - Unlawful to intentionally intercept or intentionally use any device to intercept wire, oral or electronic communication. - Requires other party s consent to taping. - Third-degree felony - up to five years.

7 Trespass Entering private property or inviting someone to go on to private property without consent of owner or possessor. Example: Food Lion New Federal Legislation Personal Protection Privacy Act Introduced in 1997 following Princess Di s death Key questions: Are current state laws adequate for trespass, stalking or harassment? If not, why not? Are there better remedies to consider? Will the bills impede daily news gathering activities? Can they pass Constitutional muster? Trespass Defense: Consent Express Implied-Custom and Usage- Fla. Publishing Co. v. Fletcher Examples

8 Privacy and the Internet False Light Dissemination of highly offensive false publicity about someone with knowledge of, or reckless disregard for, the falsity. First Amendment: Time, Inc. v. Hill Public interest, public officials, public figures=nyt actual malice. Private Persons=negligence Appropriation One who appropriates to his/her own use or benefit the name or likeness of another is subject to liability to the other for invasion of privacy. Unauthorized commercial use of another's name or likeness.

9 Appropriation Protects a person s property right Right of publicity Advertisements Look Alikes and Sound Alikes Defenses Newsworthiness- Zacchini v. Scripps- Howard Broadcasting Co. Consent Emotional Distress Conduct that is so outrageous in character and so extreme in degree, as to go beyond all possible bounds of decency, and be regarded as atrocious and utterly intolerable in civilized community. Private Figures Public Officials/Figures=NYT Actual Malice-- Hustler Magazine v. Falwell Physical Harm Link between movie/book/article/song and actions which result in physical harm Incitement: Brandenburg v. Ohio case Hit Man: A Technical Manual for Independent Contractors Herceg v. Hustler Ozzy Osbourne Olivia v. NBC Forseeable Harm Soldier of Fortune Magazine ad Weirum v. RKO Gneral, Inc.