Also known as: public disclosure of private facts · publicity tort · false light
Written by attorneys — see sources below.
A privacy tort imposing liability on one who gives publicity to a matter concerning the private life of another when the matter publicized would be highly offensive to a reasonable person and is not of legitimate public concern.
Northern Fiber displayed Dale's full name, city, and a screenshot of his call log showing repeated late-night calls to a therapist on public billboards advertising network reliability. Dale had accepted a service agreement with a general promotional clause but received no specific notice of this use. The widespread commercial display of sensitive personal data caused Dale embarrassment and supports liability under the public disclosure tort.
A clinic employee posted a patient's full medical history including mental health treatment on a public website accessible to anyone. The patient had never consented to online sharing of these private details. The broad publicity of highly sensitive facts not of public concern supports a public disclosure claim.
MetroRail sold hidden-camera footage of Luis sobbing during a private phone call on a nearly empty train to a reality show that aired it nationwide with mocking captions identifying his city. The broadcast of intimate emotional details to a broad audience placed Luis in a humiliating position and supports a public disclosure claim.
A broadcaster aired a report detailing Pedro Pacheco's personal bank records and family financial troubles obtained without consent. Pacheco sued for public disclosure after the sensitive information reached a wide audience. The court examined whether the facts were private and offensive with no legitimate public interest.
Life magazine published an article linking a play to the Hill family's hostage ordeal and illustrated it with photographs taken in the family home. The Hills sued under a public disclosure theory after private facts about their ordeal were widely publicized. The Court considered whether the matter remained of legitimate public concern.
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.
A television station broadcast Zacchini's entire human cannonball act without consent during a news segment. Zacchini sued after the private performance details reached the public. The Court examined whether the broadcast constituted unreasonable publicity of private life.
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.
A plaintiff must show that the defendant gave publicity to a matter concerning the plaintiff's private life, that the matter would be highly offensive to a reasonable person, and that it is not of legitimate public concern. Publicity requires communication to the public at large or to so many persons that the matter is substantially certain to become public knowledge.
Supporting sources
…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…
…383 (1960), both of which divided privacy into four distinct branches. The Court was aware that it was adjudicating a "false light" privacy case involving a matter of public
…district court against Malcolm, The New Yorker, and Knopf. Masson contended that the defendants libeled him and placed him in a false light in violation of Cal.Civ.Code § 45 (West 1982). Masson contended that Malcolm fabricated words attributed to him within quotations marks, and misleadingly edited his statements to make him…
…upon one’s seclusion or solitude, (2) public disclosure
…[¶] 2. Public disclosure of embarrassing
A general clause permitting use of customer data for promotional purposes may provide consent, but it does not automatically defeat liability when the disclosure involves highly sensitive personal information and the specific use was not disclosed. Courts examine whether the consent was meaningful and whether the publicity was reasonable under the circumstances.
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Public disclosure requires publicity of true but private facts that are highly offensive and not newsworthy. False light requires publicity that places the plaintiff in a false position that would be highly offensive and was made with knowledge of or reckless disregard for the falsity.
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Publicity is satisfied by communication to the public at large, such as a newspaper, magazine, handbill, broadcast, or internet post reaching many people. Communication to a single person or small group is insufficient.
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Yes. When the matter is of public interest, plaintiffs must often prove falsity and actual malice. Constitutional protections for speech apply to privacy torts and may bar recovery for truthful reporting or protected opinion.
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