Case Study False Light

In the United States, individuals generally support the right to privacy and the right to be control and access one’s personal life and private affairs. Because of this, we have established 4 invasion of privacy claims: 1) False light; 2) Public disclosure of private facts; 3) Intrusion upon seclusion or private affairs; and 4) Appropriation of name and likeness.

False Light

The first issue is whether Doe can successfully assert a cause of action against News for the tort of False Light. If the jurisdiction recognizes the privacy tort of False Light, as many jurisdictions do not (including Florida), to successfully establish a prima facie case for the privacy tort of False Light, the Plaintiff must prove 1) Publicity that; 2) Places the
In order to prove Publicity, the Plaintiff must show that the Defendant communicated the false information to the public at large or that the information is substantially certain to become public knowledge. In this case, Doe will have a relatively easy time proving Publicity because Roy reported Doe’s name and involvement in the investigation as a feature news story on the News. Since it was broadcasted on a news station, it is highly likely that it will reach several people and therefore be communicated to the public at large. In conclusion, Doe will likely satisfy the Publicity element of False Light.

The next sub issue is whether Doe can meet the second element of False Light by showing that Roy’s report placed her in a false light. In this case, it is likely that Doe will argue that Roy’s feature story identifying her as “the ‘heroic roommate’ who stood up to a violent attacker so she could identify him and make him pay for his crime” placed her in a false light because in reality, Doe was terrified and ran faster when she saw the attacker, fearing that the man would also attack her. In conclusion, Doe will likely be able to successfully prove that Roy’s story placed her in a false
In order to establish a prima facie claim for Public Disclosure of Private Facts, a Plaintiff must prove 1) Private facts; 2) Publicity; 3) That the disclosure would be highly offensive to a reasonable person; 4) That the matter is not of legitimate public concern; and 5) Damages.

The first sub issue is whether Doe can prove the first element by showing Roy disclosed private facts about her. In this case, Doe will likely be able to prove this element because her name and its relation to the criminal investigation would be a private fact especially since the investigating detective did not identify Doe by name and told Roy that he did not want the information to appear in the newspaper. Doe will further argue that although other media outlets covered the story, no other stories identified her by name, furthering the notion that her name and involvement in the investigation were private