Page 355 - Law and the Media

Law and the Media
The right of privacy is a personal right and does not extend to members of the plaintiff’s
family or survive after the death of the plaintiff. It does not apply to companies.

The tort includes four different kinds of wrong:

1. Appropriation of the plaintiff’s picture or name. The plaintiff must show unauthorized use
by the defendant of the plaintiff’s picture or name for the defendant’s commercial
advantage. However, liability is usually limited to use in advertisements or the promotion
of products or services – for example, the unauthorized use of a film star’s photograph to
endorse food or clothing.
2. Intrusion upon the plaintiff’s affairs or seclusion. The plaintiff must show an act of prying
or intrusion by the defendant in the plaintiff’s private matters that would be objectionable
to a reasonable person – for example, electronic surveillance or taking a zoom lens
photograph of a film star in his bedroom. Taking a photograph of a person in a public
place such as a restaurant would be not actionable.
3. Publication of facts placing plaintiff in a false light. The plaintiff must show the defendant
has published facts about the plaintiff that place the plaintiff in a false light in the public
eye. For liability to arise, there must be publicity rather than mere ‘publication’ as
required by defamation. The false light must be a view the plaintiff does not hold or an
action the plaintiff did not take. It must also be objectionable to a reasonable person – for
example, a television report that alleges a liberal politician supports the death penalty. If
the matter is in the public interest, the plaintiff must prove malice.
4. Public disclosure of private facts about a plaintiff. The plaintiff must show that the
defendant disclosed to the public private information about the plaintiff – for example, the
publication by a national magazine of the medical records of a famous singer. The public
disclosure must be objectionable to a reasonable person.

21.5.2 Defences

Consent
Consent is a good defence, although some states require that the consent must be in
writing.

Truth
Truth is not a good defence to most invasion of privacy actions. However, a broadcaster or
newspaper cannot be sued for publishing a true fact that is part of the public record or a
record released to the public.

21.5.3 Anti-terrorism legislation

The terrorist attacks on New York and Washington on 11 September 2001 are likely to have
a significant impact on the law of privacy in the United States.
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