Also known as: false light tort · false-light invasion of privacy · false light · false light privacy tort
Written by attorneys — see sources below.
A privacy tort arising when one gives publicity to a matter concerning another that places the other before the public in a false light. The false light must be highly offensive to a reasonable person, and the actor must have had knowledge 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.
An entertainment network aired a segment on celebrity drug relapses and used a still image of Fernando Farrell stepping out of a rehab facility from an unrelated documentary. The narration and graphics suggested that Fernando was secretly battling addiction even though he has never used drugs. Fernando sues the network for false light invasion of privacy.
A news outlet published an article about Faith Fitzgerald that contained minor inaccuracies but was substantially true overall. Faith sues for false light, claiming the story placed her in an unflattering position. The court dismisses the claim because the reporting was protected and did not create actionable falsity.
Fisher Foods created a loss-prevention training video using security footage of Felicia Fuentes during an ordinary shift. The narrator stated the footage showed a member of an internal shoplifting ring, and the video was posted on the company's public YouTube channel. Felicia, who had never stolen, sues for false light.
A sketch comedy program aired a parody segment featuring an actor portraying Fabian Flynn, the well-known governor, confessing to accepting kickbacks. Flynn sues for false light, alleging viewers might interpret the statements as credible. The network moves to dismiss on First Amendment grounds.
A magazine published an article describing a play as a reenactment of Francesca Fowler's real hostage experience and illustrated it with photographs of actors in her former home. Francesca sues under a state privacy statute for false light arising from the inaccurate portrayal of her conduct during the incident.
In September 1952, James Hill, his wife, and their five children were held hostage for 19 hours in their home in Whitemarsh, Pennsylvania, by three escaped convicts. The convicts treated the family courteously and released them unharmed. Shortly after the incident, the family moved to Connecticut, and Hill discouraged further publicity. In 1953, Joseph Hayes published the novel The Desperate Hours, which was inspired by the Hill incident but depicted a family suffering violence at the hands of the convicts. The novel was adapted into a Broadway play that opened in 1955. Life magazine published an article in its February 28, 1955, issue titled "True Crime Inspires Tense Play," which described the play as a reenactment of the Hill family's experience and included photographs of actors posing in the former Hill home. The Life article was prepared by entertainment editor Prideaux, who relied on information from Hayes and a photographer but did not verify the extent of fictionalization. James Hill sued Time, Inc., the publisher of Life, in New York state court under sections 50 and 51 of the New York Civil Rights Law. He alleged that the article falsely portrayed the play as a reenactment of his family's experience. At the first trial, a jury awarded Hill $30,000 in compensatory damages and $20,000 in punitive damages. The Appellate Division affirmed the liability finding but ordered a new trial on damages, and the New York Court of Appeals later sustained the compensatory award while reversing the punitive damages. After a second trial limited to compensatory damages, the jury again awarded $30,000. The New York Court of Appeals affirmed the judgment. The United States Supreme Court granted certiorari to review the constitutional issues raised by the application of the state statute.
View caseA television station broadcast the entire fifteen-second performance of Francesca Fiore's human cannonball act at a county fair without her consent. Francesca sues for false light, claiming the broadcast placed her in an offensive position by appropriating her act for entertainment value.
Hugo Zacchini performs a "human cannonball" act in which he is shot from a cannon into a net some 200 feet away, with each performance occupying some 15 seconds. In August and September 1972, Zacchini was engaged to perform his act on a regular basis at the Geauga County Fair in Burton, Ohio. He performed in a fenced area, surrounded by grandstands, at the fair grounds, and members of the public attending the fair were not charged a separate admission fee to observe his act. On August 30, a freelance reporter for Scripps-Howard Broadcasting Co., the operator of a television broadcasting station, attended the fair carrying a small movie camera. Zacchini noticed the reporter and asked him not to film the performance, and the reporter did not do so on that day. On the instructions of the producer of the station's daily newscast, the reporter returned the following day and videotaped the entire act. This film clip, approximately 15 seconds in length, was shown on the 11 o'clock news program that night, together with favorable commentary. Zacchini then brought this action for damages against Scripps-Howard Broadcasting Co. He alleged that the station showed and commercialized the film of his act without his consent. Such conduct was an unlawful appropriation of his professional property. The trial court granted summary judgment for the broadcaster. The Court of Appeals of Ohio reversed. The Supreme Court of Ohio gave judgment for the broadcaster. The United States Supreme Court granted certiorari.
View caseA 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 recklessly disregarded the falsity and the false light created.
Supporting sources
No. The harm can be dignitary or emotional, such as embarrassment from being portrayed as involved in criminal conduct, without any showing of economic loss.
Supporting sources
No. Where the alleged false light arises from substantially true reporting or protected opinion, the claim fails as a matter of law under constitutional and common-law standards.
Supporting sources
A public figure plaintiff must prove that the defendant acted with actual malice, meaning knowledge of falsity or reckless disregard for the truth, before recovering damages.
Supporting sources