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Torts

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Question:

1) Publication or public disclosure by defendant of private information about the plaintiff; For liability to attach, there must be publicity concerning a private fact; i.e., the disclosure must be a public disclosure, not a private one. The facts disclosed must be “private.” For example, there is no liability for matters of public record, since these facts are not private. Liability may attach under this privacy branch if the elements of a prima facie case are satisfied even though the factual statement about the plaintiff is true 2) The matter made public is such that its disclosure would be highly offensive to a reasonable person. The rationale of Time, Inc. v. Hill appears to encompass this branch of the invasion of privacy tort as well. In other words, if the matter is one of legitimate public interest, the publication is privileged if made without actual malice.

Author: Robert Suber



Answer:

Public Disclosure of Private Facts About Plaintiff


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