Also known as: public disclosure of private facts · publicity tort · false light
Written by attorneys · grounded in primary & secondary sources — see 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.
Select any source to read its text and confirm it supports the definition.
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.
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.
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.
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…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.[^maj-7] The Court was aware that it was adjudicating a "false light
…district court against Malcolm, The New Yorker, and Knopf. Masson contended that the defendants libeled him and placed him in a false light
…upon one’s seclusion or solitude, (2) public
…[¶] 2. Public disclosure
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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