o Fair Report Privilege: Protects the media if defamatory material is published in an article based on an official report. To use this privilege: Report must be an official proceeding Report must be complete and accurate or a fair abridgment of the official proceeding. Invasion of Privacy: Privacy Torts Four Distinct Torts sum up Invasion of Privacy False Light: o Closely related to defamation o Occurs when publicity about a person creates an impression about that individual that is not valid. o Could involve attributing characteristics or beliefs to a person that they do not possess
o Could involve creating an impression that they have done something they haven’t. Public Disclosure of Private Facts: o Occurs when someone publicizes a private fact about another that a reasonable person would find high offensive. o Individual must not have waived his or her right to privacy. o Ex. Publication about sex life or failure to pay debts. Appropriation for Commercial Gain: o Occurs when someone uses another person’s name, likeness, voice or other identifying characteristics for commercial gain without that person’s permission. o Ex. Commercials using celebrities likeness without consent. Intrusion on an Individual’s Affairs or Seclusion o When someone invades a person’s solitude, seclusion or personal affairs when the person has the right to expect privacy. Ex. Wiretapping, using other’s passwords for access to emails, two way mirrors in a women’s dressing room False Imprisonment: Occurs when an individual is confined or retrained against his or her will for an appreciable period of time. May occur by: Physical restraint Physical force Threat to use immediate physical force Refusal to release the plaintiff’s property. Proving damages is not easy
Typically plaintiffs request compensation for time lost from work and for pain and suffering from mental distress and humiliation. Intentional Infliction of Emotional Distress: Sometimes called “Tort of Outrage” Occurs when someone engages in outrageous intentional conduct likely to cause extreme emotional distress to another party. To be rewarded in damages: Plaintiff must demonstrate injury through physical symptoms directly related to emotional distress. Ex. Headaches, A sudden onset of high blood pressure, hives, chills, inability to sleep and inability to get out of bed. Businesses often deal with this when terminating someone’s employment or when failing to provide a service that a customer expected. Misuse of Legal Procedure. Protects those unreasonably subjected to litigation Two overall functions or goals: To limit frivolous litigation To rectify harm done to a party through inappropriate litigation 3 Separate Torts do so: 1. Malicious Prosecution: o When on person wrongfully subjects another to criminal or civil litigation for the sole purpose of causing problems fro that person Legal fees Harm to reputation, credit or standing caused by false claims Any emotional distress caused by the improper litigation 2. Wrongful Civic Proceedings:
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