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Torts • Invasion of Privacy
TORT#103
Legal Definition
False light occurs when a defendant attributes to a plaintiff—via publication—either a view that they do not hold or actions they did not take in a way that is highly offensive to a reasonable person under the circumstances.
Where the matter is in the public interest, the defendant must have acted with malice.
Where the matter is in the public interest, the defendant must have acted with malice.
Plain English Explanation
False light is all about the implication that is created when certain images or descriptions include or reference a specific individual out of context. For example, imagine if you took a photo of someone who was walking by an adult book store. The person may not have even seen the store, but a photo memorializes a single moment in time that may imply some sort of relationship, like perhaps they were visiting the store.
Hypothetical
Hypo 1: Sam is excited about his new modeling career. He takes a bunch of headshots, and some photos of himself at the park with his young nephew sitting on his lap. He shares these photos on Facebook. Bob is writing an article about "How to Spot a Pedophile" and uses one of Sam's photo as a stock image for his article. Result: Showing a picture of Sam and his nephew next to a headline "How to Spot a Pedophile" would imply, for many people, that Sam is a pedophile. This would be highly offensive, and Sam could sue under false light.
Hypo 2: Sam is writing an article about prostitution in his city. He knows that most prostitutes seem to be arrested on Beach Blvd. To help his audience imagine what the street looks like, he drives by one day and takes a photo. Sam doesn't notice that in the photo is Amy, who was standing next to the curb waiting for her Uber. When he published his article, Amy gets a call from her outraged mother. Result: Amy has a claim for false light.
Hypo 3: Bob sees an ad on his Facebook for a company that helps people with AIDS receive medical help. He comments on the post and tags Sam's profile with, "Hey @Sam, maybe this could help you." Bob is just doing this as a joke. Unfortunately, all of Sam's friends see the post with Bob's comment and tag. Result: Sam has a claim for false light.
Hypo 2: Sam is writing an article about prostitution in his city. He knows that most prostitutes seem to be arrested on Beach Blvd. To help his audience imagine what the street looks like, he drives by one day and takes a photo. Sam doesn't notice that in the photo is Amy, who was standing next to the curb waiting for her Uber. When he published his article, Amy gets a call from her outraged mother. Result: Amy has a claim for false light.
Hypo 3: Bob sees an ad on his Facebook for a company that helps people with AIDS receive medical help. He comments on the post and tags Sam's profile with, "Hey @Sam, maybe this could help you." Bob is just doing this as a joke. Unfortunately, all of Sam's friends see the post with Bob's comment and tag. Result: Sam has a claim for false light.
Related Concepts
In assessing invasion of privacy, what is appropriation?
In assessing invasion of privacy, what is intrusion upon seclusion?
In assessing invasion of privacy, what is public disclosure of private fact (PDPF)?
In assessing invasion of privacy, when may a court impose punishment on the press for a publication?
What 4 torts are fall under invasion of privacy?
