MEDIA LAW (JOUR 3633)
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LIBEL |
PRIVACY |
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Defamatory language |
Even for nondefamatory language |
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Identification |
same |
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Publication -- to a third person |
widespread publicty ("Torts of Publicity") |
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Falsity |
Private Facts: even for truthful publication |
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Fault -- actual malice for P.O. and P.F. Plaintiffs |
False Light -- actual malice for ALL plaintiffs |
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Harm -- damage to reputation |
Courts see "shame, humiliation" as vague harm |
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DEFENSES |
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truth |
not a defense in Private Facts |
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opinion, privilege |
same |
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See other defenses below |
The three major defenses in privacy cases are:
Newsworthiness -- "Private Facts" are defined as those that a reasonable person would find highly offensive to be published AND those that are not of legitimate public concern.
Consent -- be careful from whom you get it. Explicit or implicit.
First Amendment defense -- In most cases, if information is obtained lawfully, it can be printed. It is up to the government to keep the information private if it does not want it to be published; otherwise, it's a public record. Public records are what is "about a matter of public concern" or already known. The first amendment defense is why the Supreme Court ruled that a state cannot automatically punish the media for using a rape victim's name.