FALSE LIGHT

RTV 101

FOUR CATEGORIES OF PRIVACY TORTS

False Light Misappropriation Privacy Torts Intrusion Publication of Private Facts

FALSE LIGHT
Involves untrue factual implications. Video + Audio

FALSE IMPRESSION OF SOMEONE

Privacy Torts

MISAPPROPRIATION
Use of someone else's name, likeness, or other personal attributes without permission for an exploitative purpose. (i.e. Alison Chang versus Virgin Mobile Australia and Creative Commons)

Privacy Torts

INTRUSION
A violation committed when one gathers private information or takes photographs or video of people engaged in private activities in places where they could reasonably expect to be private.

Privacy Torts

PUBLICATION OF PRIVATE FACTS

A violation committed for publishing private facts about a person even if those facts are true. (i.e. writing about a person's HIV status, sexual orientation, or financial troubles could lead to liability for publication of private facts)
Privacy Torts False Light

BOUNDARIES
How far should reporters go to get a story? If reporters have a strong suspicion that someone in government is a crook, dont they have the right to do whatever it takes to report the story to the public?

TYPES OF FALSE LIGHT

1. Distortion arrangement of materials of photographs to give a false impression. 2. Embellishment false material added to a story places someone in a false light. 3. Fictionalization involves making reference to real people or presenting thinly disguised characters that clearly represent real people in supposedly untrue stories.

REQUIREMENTS
The defendant published the information widely; The publication identifies the plaintiff; It places the plaintiff in a "false light" that would be highly offensive to a reasonable person; and The defendant was at fault in publishing the information.

DISCLAIMER

1. Truth does not excuse false light 2. False Light claims are not for everyone

FALSE LIGHT AND DEFAMATION

Defamation
protects a person's public reputation could be made to only a few people does not require offensiveness so long as the statement actually harmed the reputation of the plaintiff

False Light
remedies the victim of a false statement for his or her emotional distress. untrue implications rather than directly false statements

False Light
plaintiff must show that the defendant acted with knowledge of the falsity or reckless disregard for the truth

FALSE LIGHT DEFENSE:

Individual was not identified. Privileged source. Actual malice/negligence proof required by plaintiff. Not offensive to a reasonable person, but we don't know the standard. Consent.

AVOIDING FALSE LIGHT CLAIMS

Follow good journalistic practices. Strive to be as accurate as possible. Use reliable sources. Seek comment from the subjects of your statements, when appropriate. Document your research. Keep an eye out for "Red Flag" statements. Be cautious when publishing negative information about businesses

AVOIDING FALSE LIGHT CLAIMS

Where possible, get consent from the people you cover. Be willing to correct or retract your mistakes. Ensure that your work is covered by all applicable privileges.
Fair Report Privilege Neutral Report Privilege

REFERENCES
Foreman, G. (2009). The ethical journalist: Making responsible decision in the pursuit of news. Malden, MA: Wiley-Blackwell Stephens, M. (2004) (4th ed). Broadcast news. Belmont, CA: Wadsworth Publication Co. Turow, J. (2009) (3rd ed). Media today: An introduction to mass communication. Jacksonville, TX, USA: Taylor & Francis, Inc. White, T. (2005) (4th ed). Broadcast news: Writing, reporting, and producing. Boston: Focal Press

ONLINE REFERENCES
http://www.citmedialaw.org/legal-guide/false-light http://www.citmedialaw.org/legal-guide/using-name-or-likeness-another http://www.citmedialaw.org/legal-guide/gathering-private-information http://www.citmedialaw.org/legal-guide/publication-private-facts http://www.tennesseedefenselitigation.com/BlogEntry.aspx?id=62 http://netlaw.samford.edu/Martin/AdvancedTorts/falselight.htm http://www.cas.okstate.edu/jb/faculty/senat/jb3163/privacytorts.html http://www.citmedialaw.org/legal-guide/california-false-light http://www.aaronkellylaw.com/internet-defamation-laws/the-privacy-tortof-false-light-explained-by-an-internet-lawyer-in-plain-english/ http://public.getlegal.com/articles/false-light http://www.mediaprof.com/programs/medialiability_tv_broadcaster_claims_examples.asp http://www.citmedialaw.org/legal-guide/practical-tips-avoiding-liabilityassociated-harms-reputation