Privacy What does it mean to you?

PRIVACY LAWS PRIVACY LAWS GENERALLY PROTECT THE PEOPLE FROM EACH OTHER…

International Privacy Laws http://www.informationshield.com/intprivacylaws.html

Privacy laws are relatively new NOT A COMMON LAW RIGHT Developed only when social institutions began to threaten individual freedoms NO INHERENT RIGHT TO PRIVACY Some say it’s a claim NOT A RIGHT NO MENTION in the US CONSTITUTION

Balancing act in privacy law free expression personal rights

How can media invade your privacy in the US? If information about you is in the public record If you are in a public place If you do something to make yourself newsworthy If you are a celebrity

US Privacy Torts Appropriation Intrusion False Light & Fictionalization Public Disclosure of Private Facts

Appropriation No commercial appropriation without consent Right of publicity Economic rights of people whose names are well known Media can do news stories BUT cannot profit from using images for commercial gain Not appropriation in political ads

Intrusion No privacy in public but… Means of obtaining information intrudes on “reasonable expectation of privacy” Deals with MEANS of invasion of privacy No secret recording Publication is not necessary Media can be protected if they use illegally obtained material

False Light and Fictionalization Publicity that places the plaintiff in a false light before the public Must show reckless disregard for the truth Docu-dramas run this risk Includes distortion and embellishment

Disclosure of Private Facts TRUE—but private and embarrassing information (shameful, humiliating, causing mental anguish) Plaintiff bears the burden of proof Must NOT be of legitimate concern to the public Must be highly offensive and objectionable to reasonable person

Privacy Tort Intrusion False Light Private Facts Main defense Type of interest invaded Nature of defendant’s invasion Public display required? Main defense Appropriation Right to control commercial use of persona Use without consent Yes Written consent News Intrusion Right to private secluded things and moments (news gathering) Means of obtaining info was offensive No Privacy expectation unreasonable False Light Right to be portrayed truthfully in public (false) Highly offensive to reasonable person Truth Private Facts Right to keep private facts private (true but private) Falsely portrayed embarrassing info Newsworthiness

Questions to determine if privacy is invaded by media in US Was the information presented true? If yes—maybe no privacy Was the event recorded on public property? If yes—NO PRIVACY Was the event newsworthy? If yes—(little or) NO PRIVACY Did the journalist break the law to obtain material? If yes—PRIVACY INVADED—not legal Did the journalist receive illegally obtained material? If yes—often, not a problem

Paparazzi Issues In US First Amendment protects journalists Paparazzi claim to be journalists Some states have state laws to protect privacy, but not effective Death of Princess Diana in 1997 In Europe European Convention on Human Rights and Fundamental Freedoms Article 8 “… right to respect for private and family life…prohibits interference of mass media”

Paparazzi Issues PRIVACY RIGHT = FREEDOM OF EXPRESSION RIGHT US: Newsworthiness more important than freedom of expression rights Europe: Satisfying curiosity of readers is not newsworthiness and does not add to the public debate PRIVACY RIGHT = FREEDOM OF EXPRESSION RIGHT

PRIVACY CASE STUDY Review the information Determine your responses to the questions Was the reporter right in disclosing Obama’s comments on Twitter? Was it news? Was it private? Work in groups to determine

If it is news—it is not private

HOMEWORK PLEASE DO READING—WILL HELP ADD TO THIS LESSON AND PREPARE FOR NEXT LESSON BY EXPLAINING DIFFERENCE BETWEEN PUBLIC AND PRIVATE PERSON IN US LAW.