FYLSX Defamation and Privacy Torts 2

Question 1

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

Accepted Answer

Statements made by a legislator during official legislative proceedings

Answer

Statements made by journalists reporting on newsworthy events

Answer

Statements made by employers in employee reference letters

Answer

Statements made between spouses in a private conversation

Question 2

A qualified privilege in defamation law:

Accepted Answer

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

Answer

Grants complete immunity regardless of the speaker's purpose or knowledge

Answer

Applies exclusively to media defendants in news-reporting contexts

Answer

Has the same legal effect as an absolute privilege in most jurisdictions

Question 3

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

Accepted Answer

Appropriation (right of publicity)

Answer

Intrusion upon seclusion

Answer

Public disclosure of private facts

Answer

False light

Question 4

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

Accepted Answer

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

Answer

That the intrusive information was subsequently publicized

Answer

That the defendant profited financially from the intrusion

Answer

That the intrusion caused reputational harm to the plaintiff

Question 5

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

Accepted Answer

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

Answer

False light requires the statement to be completely false; defamation can involve misleading truths

Answer

False light claims are limited to public figures while defamation applies to everyone

Answer

False light does not require any publication to third parties

Question 6

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

Accepted Answer

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

Answer

Completely false and damaging to the plaintiff's reputation

Answer

Related exclusively to the plaintiff's professional or business activities

Answer

Shared with an audience of at least 100 people

Question 7

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

Accepted Answer

Appropriation

Answer

False light

Answer

Defamation

Answer

Public disclosure of private facts