Also known as: false-light privacy · false light publicity · false light invasion of privacy · false light tort · publicity in false light
Written by attorneys · grounded in primary & secondary sources — see below
A privacy tort arising when a defendant gives publicity to a matter concerning the plaintiff that places the plaintiff before the public in a false light highly offensive to a reasonable person. The defendant must have acted with knowledge of the falsity or reckless disregard for the truth of the publicized matter and the false impression created.
A television station airs a segment on secret swingers in suburbia. The producer uses footage showing homeowner Dana Reid's distinctive shoulder tattoo and unique house exterior while narrating a fictional story that she hosts frequent sex parties. Neighbors recognize her from the broadcast and discuss the claims. Reid sues the station for false light invasion of privacy.
A magazine publishes a story about a family's ordeal after being held hostage. The article fictionalizes events to dramatize the account even though the family had no involvement in the added details. The family sues the publisher for false light invasion of privacy after the story circulates widely.
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A plaintiff must prove that the defendant gave publicity to a matter concerning the plaintiff, that the matter placed the plaintiff in a false light highly offensive to a reasonable person, and that the defendant acted with knowledge of falsity or reckless disregard for the truth.
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No. The tort focuses on the defendant's knowledge or reckless disregard of the falsity and the false impression created. Actual belief by audience members is not an element.
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Yes. False light protects a distinct interest in freedom from highly offensive false publicity and is not barred merely because the conduct could also constitute defamation.
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The plaintiff must be recognizable to the relevant public. Showing distinctive identifiers such as a tattoo or house exterior that allow neighbors to identify the plaintiff satisfies the requirement even without a name or face.
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Yes. When the publication concerns a matter of public interest, plaintiffs must prove falsity and actual malice even if they are private individuals.
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…The complaint alleged that the defendants’ conduct violated Mrs. Parks’ right of publicity, the Lanham Act, and constituted false light invasion of privacy, defamation, and intentional infliction of emotional distress. The defendants removed the case to federal district court on the basis of federal question jurisdiction arising from the…