J385: Communication Law Home Page


Privacy

"Dean Prosser, noted that 'invasion of the right of privacy' mixed four distinct wrongs, related not by similarity of defendants' acts but only by "the interest of the individual in leading, to some reasonable extent, a secluded and private life, free from the prying eyes, ears and publications of others."

J. Hans Linde in Anderson v. Fisher Broadcasting Cos., 300 Ore. 452, 712 .2d 803, 12 Media L. Rep. 1604 (Or. 1986)


APPROPRIATION

  • COMMERCIAL USE OF
  • NAME OR LIKENESS
  • WITHOUT CONSENT


INTRUSION

  • PHYSICAL INTRUSION
  • REASONABLE EXPECTATION OF PRIVACY.


PUBLICATION OF PRIVATE FACTS

COMMON LAW

  • PUBLICITY OF
  • PRIVATE,
  • HIGHLY OFFENSIVE AND
  • NOT NEWSWORTHY TRUE FACTS.

OREGON

  • INFORMATION GATHERED OR PUBLISHED
  • IN A MANNER OR FOR A PURPOSE WRONGFUL
  • BEYOND THE UNCONSENTED PUBLICATION


FALSE LIGHT

PLAINTIFF MUST SHOW:

  • The publication leaves a false impression
  • The publication is highly offensive
  • Actual malice
  • False Facts [some jurisdictions]


Also see:

Privacy powerpoint on Blackboard.

 

School of Journalism and Communication