Also known as:false lights or signals · false light · false signal
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
1
in tort law
A privacy tort arising when one gives publicity to a matter concerning another that places the other before the public in a false light that would be highly offensive to a reasonable person. Liability requires that the actor knew of or acted in reckless disregard as to the falsity of the publicized matter and the false light in which the other would be placed.
Sense 1
1
in tort law
A privacy tort arising when one gives publicity to a matter concerning another that places the other before the public in a false light that would be highly offensive to a reasonable person. Liability requires that the actor knew of or acted in reckless disregard as to the falsity of the publicized matter and the false light in which the other would be placed.
Sources & Authorities· 2 sources
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Restatements
Sense 2
2
in maritime law
A signal displayed intentionally to lure a vessel into danger.
Sources & Authorities· 1 source
Select any source to read its text and confirm it supports the definition.
A signal displayed intentionally to lure a vessel into danger.
Each sense below has its own examples, sources, and questions.
Examples6
Network Implies Actor Addiction
An entertainment network aired a segment on celebrity drug relapses and used a still image of Leo stepping out of a rehab facility from an unrelated documentary. The narration and graphics suggested Leo was secretly battling addiction even though Leo has never used drugs. Leo sues the network for invasion of privacy based on false light. The network broadcast Leo's image to a television audience and created a false implication that would be highly offensive to a reasonable person while acting with reckless disregard for the truth.
Company Video Implies Theft
A retail chain created a loss-prevention training video using security-camera footage of cashier Lena during an ordinary shift. The narrator stated the footage showed a member of an internal shoplifting ring and posted the video on the company's public YouTube channel. Lena sues for false light invasion of privacy. The chain publicly portrayed Lena as a thief using routine footage without any basis, satisfying the publicity and offensiveness elements with at least reckless disregard.
Report Labels Resident Polluter
GreenWatch posted an online report listing local polluters and displayed a photo of Rivera along with his full name and home address. The report labeled him a toxic threat on the block because he stores old paint cans in his garage. Rivera sues for invasion of privacy. The widespread posting created a misleading and highly offensive impression of Rivera as an environmental menace even though the literal facts were partly true.
Court Applies Actual Malice Standard
A plaintiff brought a false light claim after a media defendant published material placing the plaintiff in a false light that would be highly offensive to a reasonable person. The Florida Supreme Court required the plaintiff to show the defendant acted with knowledge of falsity or reckless disregard for the truth. The claim proceeded only because the constitutional limitations applicable to defamation were satisfied.
Magazine Links Family to Play
Life magazine published an article describing a play as a reenactment of the Hill family's hostage experience and illustrated it with photographs of actors in the former Hill home. The family sued under a statute creating a cause of action for invasion of privacy by giving publicity that placed them in a false light. The Supreme Court held that the First Amendment requires proof that the report was knowingly false or published with reckless disregard for the truth.
Times, Inc. v. Hill385 U.S. 374 (1967)
Broadcaster Airs Performer's Act
A television station broadcast a performer's entire human cannonball act without consent during a news report. The performer sued for invasion of privacy. The Supreme Court distinguished the claim from false light privacy and held that the right of publicity protects the commercial value of a performance even when the broadcast concerns a matter of public interest.
Zacchini v. Scripps-Howard Broadcasting Co.433 U.S. 562 (1977)
Frequently Asked5
What elements must a plaintiff prove to succeed on a false light claim?+
A plaintiff must show that the defendant gave publicity to a matter concerning the plaintiff that placed the plaintiff before the public in a false light highly offensive to a reasonable person and that the defendant knew of or acted in reckless disregard as to the falsity and the false light created.
Supporting sources
Does a false light claim require proof of pecuniary damages?+
No. The harm can be dignitary or emotional even without economic loss provided the portrayal is highly offensive and made with the requisite fault.
Supporting sources
Can false light be used when the underlying facts are literally true?+
Yes. Liability arises when the overall impression created by the publicity is misleading and highly offensive even if individual facts are accurate.
Supporting sources
How does the First Amendment limit false light claims?+
When the matter involves public interest or the plaintiff is a public figure the plaintiff must prove actual malice in the form of knowledge of falsity or reckless disregard for the truth just as in defamation.
Supporting sources
Does consent in a contract defeat a false light claim arising from later use of an image?+
It may if the consent expressly covers the specific use and caption but a general promotional clause does not necessarily authorize a false or highly misleading portrayal.
Supporting sources
385 U.S. 374 (1967)Remedies
…created a cause of action for invasion of privacy by giving publicity to matters concerning an individual that placed him in a false light before the public. A jury awarded Hill compensatory and punitive damages; the Appellate Division affirmed but the New York Court of Appeals reversed the punitive damages award while…