1. Privacy
What does it mean to you?

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

3. International Privacy Laws

4. 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

5. Balancing act in privacy law
free expression
personal rights

6. 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

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

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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

14. 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”

15. 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

16. 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

17. If it is news—it is not private

18. 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.