ML AND ETHICS WE CLASS 10/22

Privacy, Intrusion, False Light, Appropriation, Private Facts.

INTRUSION

DECEPTION

CASES WHERE DECEPTION AND INTRUSION HAVE BEEN SHOT DOWN

THE IDEA THAT PRIVACY SHOULD BE A PROTECTED RIGHT GREW OUT OF TECHNOLOGICAL ADVANCES IN THE LATE 19TH CENTURY

THE PROTECTION OF SOCIETY MUST COME MAINLY THROUGH THE INDIVIDUAL AND THE RECOGNITION OF THE RIGHTS OF THE INDIVIDUAL

PHOTOGRAPHY AND THE DEVELOPMENT OF THE TELEGRAPH: FOUNDING OF THE FIRST WIRE

Every technological advance, the result of communication, subtracts some degree of personal privacy

Look at 24-hour cable TV and social media today, along with cellphones that house a tremendous amount of personal information.

While no explicit law of privacy,

Third NO soldier shall in time of peace be quartered in any house without the consent of the owner, nor in time of war, but in a manner to be prescribed by law

fourth; the right of the people to be secure in their persons, houses, papers, and effects against unreasonable search and seizures, shall not be violated

Be compelled in any criminal case to be witness agaisnt himself nor be deprived of life liberty or property without due process

In the case of Roe,

these amendments protect against state intrusion into the private lives of the people.

Originalism holds that there is no right to abortion at the state level.

The 10th Amendment states that responsibilities not assigned to the federal government are reserved for the states.

Brown v. Board of Education, 1954,

The 14th Amendment said that 'separate and equal' is not truly equal.

No state shall make or enforce laws that abridge the privileges or immunities of citizens of the United States; nor shall they deprive any person of life or liberty.

The 10th Amendment is not an obligation of the federal government.

An intrusion that violates a person's reasonable expectation of privacy, false light publicity that creates a false impression highly offensive to a reasonable person. Also includes fictionalization and appropriation—the unauthorized commercial use of a person's name or likeness without consent. Private facts involve the public disclosure of private information that is not newsworthy.

Truthful private information is of no legitimate public concern and is highly offensive to any reasonable person.

In essence, it involves publishing embarrassing private information that is not newsworthy.

The feelings and sensibilities of the subject of the story must always be considered, but

However, these feelings and sensibilities should never be used as a reason to deny public information that has legitimate public concern

How court may determine legitimate public concern then?

how much public interest or importance is there in this material

How deeply does the facts violate the individuals privacy

How public or private is the individual in the story

In Diaz v Oakland Tribune

Toni Diaz, who was trans

charged the school admin at a local college were mishandling funds

Local news reporter discussed Diaz's reassignment surgery

A court ruled that the information was not newsworthy and was "intimate facts."

Bollea v Gawker BOLLEAU AKA HULK HOGAN SUED GAWKER AFTER IT POSTED 1 MINUTE CLIP FROM A VIDEO OF HIM IN SEXUAL ENCOUNTER WITH A FRIENDS WIFE

Bollea called it an invasion of privacy and intentional infliction of emotional harm. Tape was sent to Gawker from an anonymous source.

Hogan said he was humiliated by the video going public, and that he was unaware that the encounter was being filmed.

Gawker is defending its First Amendment right to join a conversation since he is, in fact, a public figure.

Crucial issue for all media organizations, says Gawker.

And Hogan's discussion with the public concerning generally private matters.

Hogan had the right to sue said jury

Jury did find that Hogan had a right to 115m in compensatory damages

jury found his privacy right had been violated

outweigh Gawker's freedom of expression argument

video caused him harm, invasion of privacy, and was not considered newsworthy

Gawker was voiced into bankrupcy

Revenge Porn is another issue interms of privacy

Its very difficult to win damages because often the victim intially shared the image

Many courts said that the act of haring it no longer makes it private

Tresspass

The intention and unauthorized entry onto land or property occupied or possed by another is both a crime (criminal charges) and a tort (civil suit for damages)

A legal action undertaken when a journalist unduly intrudes on a reasonable expectation of privacy

It can be physical or technological: it may involve the use of eavesdropping devices, hidden cameras, telephoto lenses, or gathering personal information.

Physical harassment

Plaintiffs

2009 Webb v. CBS

A story about a missing person

The CBS camera was looking over a 7-foot fence as family members were at their pool.

Individuals sued - they were in a secluded area and had a reasonable expectation of privacy.

False pretenses and deception in reporting are longstanding practices.

Courts are divided but generally agree that reporters may use deception to gain entry.

The court rejected J.H. Desnick's claim against ABC for sending reporters disguised as patients into an eye clinic to investigate a doctor accused of performing unnecessary cataract surgeries for profit. While it was deception, the public's right to know justified it.

Although they were reporters, they entered the clinic seeking to determine if they needed the cataract procedure.

The deception did not negate their intent to seek advice from the clinic.

Using illegal means to gather news:

In 1997, an ABC News crew used false names to get jobs at Food Lion to investigate sanitary conditions. They had access to non-public areas of the store and wore hidden cameras.

Food Lion did not sue for libel, where they would have needed to prove the claims were false because the claims were true.

They sued for fraud and trespass. An appeals court jury awarded $5.5 million in punitive damages, reduced from the original $45 million awarded by the lower court.

The court held that the harm was caused by FoodLion's own actions rather than ABC reporting. Although the award was reduced, the final analysis indicated a chilling effect on covert news gathering.

Defense for trespassing is not newsworthy.

The difference being newsworthiness in which covert may be acceptable.

(Dt 23)