Defamation and Privacy Torts Flashcards

Which of the following is an example of an absolute privilege in defamation law?

Answer: Statements made by a legislator during official legislative proceedings

Legislators enjoy an absolute privilege for statements made in the course of legislative proceedings, meaning the privilege cannot be defeated even by proof of actual malice.

A qualified privilege in defamation law:

Answer: Protects statements made in furtherance of a legitimate interest but can be defeated by actual malice

A qualified privilege shields certain socially valuable communications (e.g., job references, reports to authorities) but the protection is lost if the defendant acts with actual malice or uses the occasion for an improper purpose.

Which invasion of privacy tort involves the defendant using the plaintiff's name or likeness for the defendant's commercial advantage without consent?

Answer: Appropriation (right of publicity)

Appropriation, also called the right of publicity, protects individuals from having their identity commercially exploited without authorization.

For a claim of intrusion upon seclusion, the plaintiff must demonstrate:

Answer: An intentional intrusion into a matter in which the plaintiff had a reasonable expectation of privacy

Intrusion upon seclusion requires proof that the defendant intentionally intruded—physically or otherwise—into a space or matter in which the plaintiff reasonably expected privacy, and that the intrusion would be highly offensive to a reasonable person.

The 'false light' invasion of privacy tort differs from defamation primarily because:

Answer: False light focuses on the highly offensive nature of the portrayal, not necessarily reputational harm

False light protects against portrayals that place a person in a highly offensive false light in the public eye, even if they do not technically damage reputation, whereas defamation centers on reputational injury.

Public disclosure of private facts requires that the disclosed information be:

Answer: True information that a reasonable person would find highly offensive to disclose publicly

Unlike defamation, public disclosure of private facts involves the widespread publication of truthful but private information that a reasonable person would find highly offensive and which is not of legitimate public concern.

Truth is generally NOT an effective defense to which invasion of privacy tort?

Answer: Appropriation

Appropriation liability arises from unauthorized commercial use of a person's identity, not from any false statement, so proving the likeness is accurate does not defeat the claim.