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U
S A 8. RIGHT TO A GOOD NAME, TO PRIVACY,
TO OWN IMAGE Whereas defamation involves publishing false information that
harms a person?s character or reputation, invasion of privacy occurs
when a media outlet disseminates true information that hurts a person?s
feelings or dignity. These actions are strictly civil in nature. Four types of invasion of privacy are broadly recognized today:
(1) public disclosure of private and embarrassing facts, which involves
dissemination of true, but offensive, material that is of no public
concern; (2) disclosure that places a person in a false light; (3)
intrusion into a person?s seclusion; and (4) misappropriation of
one?s name or image for commercial gain. In addition to authorizing
an action for invasion of privacy, some states allow a person to
sue the press for using his name without authorization. A right of publicity gives individuals an exclusive right to
control the use of their names or likenesses for commercial purposes.
For example, the Supreme Court in 1977 affirmed a state court ruling
that a television news broadcast improperly aired a 15-second performance
of a ?human cannonball.?? The performer, the court held, was entitled
to protect his performance from appropriation on the broadcast. The cause of action is grounded in at least four areas of the
law: (1) common law or privacy statutes that limit the press from
using private facts about private individuals; (2) common law or
misappropriation statutes that prohibit the press from using a person?s
name for commercial advantage without his or her permission; (3)
common law or statutory right of publicity; and (4) common law or
statutes that prohibit false advertising or trademark infringement.
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