California First-Year Law Students' Exam (Baby Bar) — MCTortsMedium
A local news station broadcast a segment featuring a hidden camera recording of a celebrity eating dinner in a private restaurant booth. The segment focused on her unusual eating habits and was accompanied by commentary ridiculing her. The celebrity sued the news station. Which privacy tort is most applicable?
- AFalse Light
- BAppropriation of Likeness
- CIntrusion Upon Seclusion
- DPublic Disclosure of Private Facts
Show answer & explanationAnswer & explanation
Correct answer: C. Intrusion Upon Seclusion
Intrusion upon seclusion occurs when the defendant intentionally intrudes, physically or otherwise, upon the solitude or seclusion of another or their private affairs or concerns, and the intrusion would be highly offensive to a reasonable person. Using a hidden camera in a private restaurant booth directly fits this description, regardless of what was subsequently broadcast.
Why the other options are wrong
- A. False light involves portraying someone in a highly offensive false light to the public.
- B. Appropriation involves using someone's name or likeness for commercial advantage.
- D. Public disclosure of private facts involves publishing private information that is highly offensive and not of legitimate public concern. While the broadcast itself might involve this, the initial act of filming with a hidden camera is the core tort of intrusion.
Intrusion Upon Seclusion
An intentional tort that occurs when the defendant intrudes, physically or otherwise, upon the solitude or seclusion of another or their private affairs or concerns, and the intrusion would be highly offensive to a reasonable person.
- Focuses on the act of intrusion, not necessarily publication.
- Requires a reasonable expectation of privacy in the place/activity.
- The intrusion must be highly offensive to a reasonable person.
- Examples include hidden cameras, wiretapping, searching private belongings.
Memory trick: A.I.P.F. – Always Invade Private Feelings!