J385: Communication Law Home Page


Private Facts -- Oregon

Anderson v. Fisher Broadcasting (Or. 1986)

In order to bring an action for publication of private facts:

  • the publication "must qualify as extraordinary conduct that a jury could find to be beyond the farthest reach of socially tolerable behavior"

Plaintiff must show:

  • that the information "was either obtained or broadcast in a manner or for a purpose wrongful beyond the unconsented publication itself..."

Examples of wrongful conduct:

  • Publishing information in a socially intolerable way.
  • Publishing wrongfully obtained material (e.g., bribery).
  • Violating a contract or consent agreement.
  • Disregarding a duty of confidentiality.

 

 

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