Andersonv. Fisher Broadcasting Cos., 300 Ore. 452, 712 .2d 803, 12 Media L. Rep. 1604 (Or. 1986) "[I]n Oregon the truthful presentation of facts concerning a person, even facts that a reasonable person would wish to keep private and that are not "newsworthy," does not give rise to common-law tort liability for damages for mental or emotional distress, unless the manner or purpose of defendant's conduct is wrongful in some respect apart from causing the plaintiff's hurt feelings." Judge Hans Linde writing for the Court: A television cameraman for defendant broadcasting company photographed the scene of an automobile accident in which plaintiff was injured. Plaintiff was recognizable and was shown bleeding and in pain while receiving emergency medical treatment. Defendant did not use the video-taped pictures or report the accident on its regular news program. Some time later, without seeking plaintiff's consent, defendant used a brief excerpt showing plaintiff to illustrate promotional spots advertising a special news report about a new system for dispatching emergency medical help. Plaintiff sued for general damages for mental anguish, alleging that defendant "violated plaintiff's right to privacy" by "appropriating to defendant's own use and advantage" the pictures its photographer had taken of plaintiff and by "publicizing" his picture in a condition "offensive to a reasonable person" and not of legitimate public concern. In defense, the broadcaster asserted that its use of plaintiff's picture occurred in advertising another news program, that this use was constitutionally privileged and that the undisputed facts gave rise to no common-law claim. The trial court gave summary judgment for defendant, holding that the pictures were "newsworthy," that they remained so despite not being promptly published, and that they did not lose their newsworthiness when used only to advertise another newsworthy broadcast. The Court of Appeals held that there was an issue of fact whether the film showing plaintiff's injured condition was newsworthy, because it was not used to report plaintiff's accident itself but only to draw viewers for a different program in which the accident was not mentioned. The court did not discuss the parties' other legal theories beyond rejecting defendant's First Amendment claim. Anderson v. Fisher Broadcasting Companies, Inc., 72 Or App 539, 696 P2d 1124 (1985).... I. INVASION OF PRIVACY IN OREGON TORT LAW Plaintiff asserts two grounds to hold the broadcasting company liable for causing him mental anguish. One is that the publicity defendant gave to plaintiff's injuries and pain concerned plaintiff's private life and would be offensive to a reasonable person. The other is that defendant appropriated plaintiff's recorded image without his consent to its own commercial purpose. The question whether truthfully publicizing a fact about a private individual that the individual reasonably prefers to keep private is, without more, a tort has not yet been squarely decided by this court.... Generally, Oregon decisions have not allowed recovery for injury to a stranger's feelings as such, unless the infliction of psychic distress was the object of defendant's conduct or the conduct violated some legal duty apart from causing the distress. See Norwest v. Presbyterian Intercommunity Hosp., supra, 293 Or at 558-59, reviewing the cases... In the absence of some other duty or relationship of the defendant to plaintiff, it does not suffice for tort liability that defendant's offensive conduct is an intentional act. The conduct must be designed to cause severe mental or emotional distress, whether for its own sake or as a means to some other end, and it must qualify as extraordinary conduct that a reasonable jury could find to be beyond the farthest reach of socially tolerable behavior. Hall v. The May Dept. Stores, supra, 292 Or at 137. Here the use of plaintiff's picture, of course, was intentional, but there is no claim or evidence that the broadcaster wished to distress plaintiff. Plaintiff does not charge defendant with the tortious intentional infliction of severe emotional distress. The duty defendant is said to have violated is a duty not to invade plaintiff's "privacy" in the two ways stated above, by "appropriating" and by "publicizing" his picture... "Privacy" denotes a personal or cultural value placed on seclusion or personal control over access to places or things, thoughts or acts. "Privacy" also can be used to label one or more legally recognized interests, and this court has so used the term in several cases since Hinish. But like the older word "property," which it partially overlaps, "privacy" has been a difficult legal concept to delimit. n5 Lawyers and theorists debate the nature of the interests that privacy law means to protect, the criteria of wrongful invasions of those interests, and the matching of remedies to the identified interests. These questions confront us in the present case.... The plaintiff makes no claim that the broadcaster's cameraman intruded on a scene of seclusion or that the pictures broadcast by defendant placed plaintiff in a false light. As stated above, plaintiff claims that the broadcasts gave offensive publicity to his private life and appropriated his image for defendant's gain... What is "private" so as to make its publication offensive likely differs among communities, between generations, and among ethnic, religious, or other social groups, as well as among individuals. n8 Likewise, one reader's or viewer's "news" is another's tedium or trivia. The editorial judgment of what is "newsworthy" is not so readily submitted to the ad hoc review of a jury as the Court of Appeals believed. It is not properly a community standard. Even when some editors themselves vie to tailor "news" to satisfy popular tastes, n9 others may believe that the community should see or hear facts or ideas that the majority finds uninteresting or offensive.... To summarize, we conclude that in Oregon the truthful presentation of facts concerning a person, even facts that a reasonable person would wish to keep private and that are not "newsworthy," does not give rise to common-law tort liability for damages for mental or emotional distress, unless the manner or purpose of defendant's conduct is wrongful in some respect apart from causing the plaintiff's hurt feelings. For instance, a defendant might incur liability for purposely inflicting emotional distress by publishing private information in a socially intolerable way, cf. Hall v. The May Dept. Stores, supra; or the publicized information might be wrongfully obtained by conversion, bribery, false pretenses, or trespassory intrusion, see McLain v. Boise Cascade Corp., supra, or published by a photographer who has been paid for what the subject reasonably expects to be the exclusive use of a picture; or when a defendant disregards a duty of confidentiality or other statutory duty, see Humphers v. First Interstate Bank, supra, or exploits a distinctive economic value of an individual's identity or image beyond that of other similar persons for purposes of associating it with a commercial product or service, although this court has not decided all such issues. And, of course, the distressing report or presentation of a person's private affairs might not be truthful, see Tollefson v. Price, supra; Hinish v. Meier & Frank, supra. Because plaintiff has shown no such wrongful element in defendants' conduct, we have no occasion to anticipate constitutional questions in the event the legislature were to enter this field of tort law. Appropriation Plaintiff in the present case concedes that KATU-TV would not be liable to him if it had included his picture in the ordinary news coverage of a traffic accident. He contends that the broadcaster became liable because instead it used the footage to draw audience attention to a later broadcast concerning emergency medical services, in which plaintiff's picture was not included.... Our system relies for freedom of information, ideas, and entertainment, high or low, primarily on privately owned media of communication, operating at private cost and seeking private profit. Books, newspapers, films, and broadcasts are produced and distributed at private cost and for private profit, that is to say, "commercially," and the use of materials from the lives of living persons in such publications can enrich authors, photographers, and publishers just as their use in advertisements, for instance the writers and publishers of the New Yorker magazine in Sidis v. F-R Pub. Corporation...This predictably causes problems in applying a test such as New York's "advertising" or "purposes of trade," when "the reproduction of names and photographs properly published for news or public interest purposes has also served to sell and advertise the medium in which they were contained," as Justice Breitel noted in Booth v. Curtis Publishing Company... Publication of an accident victim's photograph is not appropriation for commercial use simply because the medium itself is operated for profit... There is another reason why an unauthorized use of a person's name or image to sell goods or services can be a tortious appropriation when the same use in the content of material published to be sold is not. The use may make it appear that the person has consented to endorse the advertised product, with or without being paid to do so. When that impression is in fact false, the appropriation of the person's identity places the person in a false light ... In the present case, plaintiff does not claim that KATU-TV's promotional spots portrayed him as an accident victim in a manner implying that he endorsed its forthcoming program about emergency medical services, and the record on summary judgment suggests no such inference. His claim is not for the economic value of such an endorsement, nor for any gain unjustly realized by the broadcaster from appropriating a photograph belonging to plaintiff. The videotape was made at the accident scene by defendant's cameraman, and the identity of the accident victim was immaterial. Rather, plaintiff claims damages for mental distress from its publication. Without a showing that plaintiff's picture was either obtained or broadcast in a manner or for a purpose wrongful beyond the unconsented publication itself, that claim fails. The decision of the Court of Appeals is reversed, and the judgment of the circuit court is reinstated.