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Media Law Ch. 8

Terms in this set (18)

It is illegal to give publicity to private information about a person if the matter:
Would be highly offensive to a reasonable person, and

Is not of legitimate public concern
Publicity in privacy law differs from publication in libel law
Publicity—the communication of information to a large number of people

Publication—the communication of information to a single third party
Private Facts
The plaintiff must prove the information is indeed private before there was publicity
Information is not considered private if:
The activity happens in public

A large segment of the public is already aware of the supposedly intimate or personal information

The information is contained in documents or files that are considered public records
Naming Rape Victims
If the victims' name is part of a public document or proceeding, or if the press obtains it in another legal manner, it can be published without incurring legal liability

Even though it is often legal to publish the names of rape victims, most newspapers and broadcasting outlets have policies restricting the publication of a rape victim's name
If it is determined private facts received publicity, a court then asks:
1. Would a reasonable person find the publicity given to the fact highly offensive?

2. Was the private fact that was disclosed of legitimate public concern (newsworthy)?
Legitimate Public Concern and Newsworthiness - To determine this, a court may consider:
1. The social value of the private facts that were published

2. How deeply the disclosed private facts cut into ostensibly private affairs

3. The extent to which the individual to whom the private facts pertain voluntarily rose to a position of public notoriety
Ethics and Privacy - Good editors agree:
The feelings and sensibilities of the subject of a story should always be considered, but

These feelings and sensibilities should never be used as a reason to deny the public information that has legitimate public concern
The Code of Ethics of the Society for Professional Journalists (SPJ) says:
Journalists should "recognize that gathering and reporting information may cause harm and discomfort"

"Pursuit of the news is not a license for arrogance"

Journalists should "show good taste" and "avoid pandering to lurid curiosity"
Two kinds of lawsuits arise about the past:
1. A news story, book or TV documentary that simply recounts the past
• a history - these kinds of cases are never successful; the media has a right to retell these stories

2. "Where they are now" stories
• pushes beyond history —permissible as long as they are not designed to purposely embarrass or humiliate the person
Private Facts on the Internet
The disclosure of private facts on the Internet is treated by the courts in the same way as publication in a newspaper or other traditional media outlet
It is illegal to publicize material that places an individual in a false light if:
The false light in which the individual was placed would be highly offensive to a reasonable person, and

The publisher of the material was at fault when the publication was made
False Light Privacy
Both false light privacy and libel cases involve the publication of derogatory material about a plaintiff

In false light cases, though, the material does not have to harm the plaintiff's reputation, it must just be false and have caused embarrassment or humiliation
Fictionalization
The purposeful distortion of the truth for dramatic purposes

Often used in "docudramas"

To avoid lawsuits, it is advisable to buy the rights to the story from the real people being portrayed and have them sign contracts giving up their rights to sue
Most false light cases result from the publication of false information about a person in a news or feature story because of:
Simple editing or writing errors, and/or

Misuse of photographs and video
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