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Understanding defamation, libel, slander, and privacy is crucial in today's digital age where personal information can easily be exposed. This blog post explores specific scenarios of invasion of privacy claims, offering insights for individuals seeking legal assistance from an attorney near you or a lawyer near you.
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Explore the complexities of defamation, libel, slander, and privacy invasion in this insightful blog post. Understand the different types of invasion of privacy claims and learn how a skilled attorney near you can help protect your rights and navigate the legal landscape effectively.
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Mar 3, 2025 08:09 PM
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Defamation, Libel, Slander and Privacy: Specific Scenarios
Invasion of privacy occurs when there is an intrusion upon your reasonable expectation to be left alone. This concept is rooted in common law, developed over the history of court rulings rather than through statutory code. It protects the private lives of individuals from unwarranted intrusion. This article covers the four main types of invasion of privacy claims, an intentional tort primarily controlled by state laws.
💡 For every post in this series, scroll down to “Related Posts.”
Types of Invasion of Privacy Claims
The four main types of invasion of privacy claims are:
1. Intrusion of Solitude
Intruding upon another's solitude or private affairs is subject to liability if the intrusion is considered highly offensive to a reasonable person. This tort is often associated with:
- “Peeping Toms"
- Someone illegally intercepting private phone calls
- Snooping through someone's private records
Taking photographs of someone in public would not be considered an invasion of privacy. However, using a long-range camera to take photos of someone inside their home would qualify. Making a few unsolicited telephone calls may not constitute a privacy invasion, but calling one's phone number repeatedly after being asked to stop would be invasive.
2. Appropriation of Name or Likeness
Plaintiffs may make a claim for damages if an individual (or company) uses their name or likeness for benefit without their permission. Usually, this involves a business using a celebrity's name or likeness in an advertisement. Some states even limit this type of privacy tort to commercial uses.
For example, an advertising agency approaches a famous musician to participate in a campaign for a new automobile. The celebrity, who has a distinctive and easily recognizable voice, declines. The advertisers hire someone who sounds like the musician to do the soundtrack. The musician may sue the automaker for the misappropriation of their likeness.
3. Public Disclosure of Private Facts
This type of invasion of privacy claim must be weighed against the First Amendment's protection of free speech. Unlike defamation (libel or slander), truth of the disclosed information isn't a defense. An individual may be liable for damages if they publicly reveal truthful information that:
- Is not of public concern; and
- A reasonable person would find offensive if made public
For example, a woman about to deliver a baby via caesarian section agrees to allow the operation to be filmed for educational purposes only. Instead, it's shown to the public in a commercial theater. This is an invasion of her privacy.
4. False Light
A false light claim is similar to a defamation claim. It allows an individual to sue for the public disclosure of information that is not technically false, but which is misleading and puts that person in a "false light."
Generally, a false light claim must contain the following elements:
- The defendant made a publication about the plaintiff;
- It was done with reckless disregard;
- It placed the plaintiff in a false light; and
- It would be highly offensive or embarrassing to a reasonable person
For example, a 96-year-old woman sued an Arkansas newspaper for printing her picture next to an unflattering headline. The headline read: "Special Delivery: World's oldest newspaper carrier, 101, quits because she's pregnant!" The woman, who was not pregnant, was awarded damages of $1.5 million.
Conclusion
Privacy issues are complicated and emotional, which can result in highly contentious court proceedings. Whether your privacy has been violated or someone is accusing you of violating their privacy, you may benefit from a personal injury lawyer's assistance in preparing your case.
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