A prominent local politician, known for their public stance against gambling, was secretly photographed by a tabloid reporter while entering a clandestine, illegal poker game. The tabloid published the photograph along with a sensational story about the politician's hypocrisy. The politician sued the tabloid for invasion of privacy. Which of the following privacy torts is most applicable?
- AFalse Light
- BPublic Disclosure of Private Facts
- CIntrusion Upon Seclusion
- DAppropriation of Likeness
Show answer & explanationAnswer & explanation
Correct answer: B. Public Disclosure of Private Facts
Public disclosure of private facts occurs when there is public disclosure of private information about the plaintiff that would be highly offensive to a reasonable person and is not of legitimate public concern. Entering a clandestine poker game is a private fact, the disclosure of which could be highly offensive and is not necessarily of legitimate public concern merely because the person is a politician.
Why the other options are wrong
- A. False Light involves publishing information that places a person in a false light that would be highly offensive to a reasonable person, but the facts here are presented as true, not false.
- C. Intrusion Upon Seclusion involves invading a private place or affairs, but the tort is about the disclosure, not merely the act of taking the photograph.
- D. Appropriation of Likeness involves using a person's name or image for commercial advantage without consent, which is not the primary issue here.
Public Disclosure of Private Facts
A privacy tort where the defendant publicly discloses private information about the plaintiff that would be highly offensive to a reasonable person and is not of legitimate public concern.
- Requires public disclosure.
- Information must be truly private.
- Disclosure must be highly offensive to a reasonable person.
- Information must not be of legitimate public concern.
Memory trick: Privacy torts are like a 'F(alse) A(ppropriation) I(ntrusion) R(evelation)' of your personal space.