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

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.

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

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.

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

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

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

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.

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 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.

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FYLSX Defamation and Privacy Torts 2