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Media Law Privacy

Jeremy Roberts 4/29/09 JOUR3500. Media Law Privacy. Four Torts of Privacy Law. Intrusion into a person's seclusion or private affairs Public disclosure of embarrassing private facts False light Misappropriation . Pavesich V. New England Mutual Life Insurance Co.

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Media Law Privacy

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  1. Jeremy Roberts 4/29/09 JOUR3500 Media LawPrivacy

  2. Four Torts of Privacy Law • Intrusion into a person's seclusion or private affairs • Public disclosure of embarrassing private facts • False light • Misappropriation

  3. Pavesich V. New England Mutual Life Insurance Co. • 1904 Case prevented companies from using a photo of a person without permission. • New England Mutual made an ad with two pictures of Paolo Pavesich. • One depicted a very healthy client • The other was of a sickly person who didn't have coverage • Paolo had no relation to New England Mutual

  4. Pavesich V. New England Mutual Life Insurance Co. • Paolo never gave permission to allow New England Mutual to use pictures of him. • Judge ruled in his favor referencing the 4th and 14th amendment • Unreasonable Searches and Seizures • Citizenship and civil rights • In the judge's ruling: • “The right of privacy is embraced within the absolute rights of personal security and personal liberty”

  5. What is privacy • Basically...The right to be left alone. Sadler, R. (2005). Electronic media law. Privacy (pp. 174-176). SAGE.

  6. When was privacy law introduced? • The Privacy Act of 1974 • establishes a code of fair information practices that governs the collection, maintenance, use, and dissemination of personally identifiable information about individuals that is maintained in systems of records by federal agencies US Dep of Justice. The Privacy Act of 1974http://www.usdoj.gov/opcl/privacyact1974.htm

  7. When was privacy law introduced?

  8. Why is privacy law important • Prevents media outlets from publishing private information. • Protects your likeness from being used without permission.

  9. Who is privacy law meant to protect? • Private citizens from the unlawful intrusions from the government and media.

  10. What is defamation? • Privacy for Private Citizens • Protection from defamation • Something said that is false, harms a person’s reputation or esteem in the community. • Privacy for Public Figures • Cannot sue for defamation • Who decides. Private v. Public • Only a judge can decide. Media Law Minnesota Q&A: Online Defamation http://medialawminnesota.wordpress.com/qa-online-defamation/

  11. What are the problems with Photojournalism and Privacy • Journalists now have long range lenses that can shoot from very far away • A demand for attention grabbing photos • Who is fair game? • Politicians in private? • A grieving family? • When is intrusion justified?

  12. What are the problems with Photojournalism and Privacy Carolynne Burkholder . Online Journalism Ethics http://www.journalismethics.ca/online_journalism_ethics/photojournalism.htm

  13. What are some cases dealing with media law? • Bowers V. Hardwick • Gay Rights • Pavesich V. New England Mutual Life Insurance Co. • Prevented use of photos without permission • Mapp v Ohio • evidence obtained in violation of the Fourth Amendment may not be used in criminal prosecutions in court

  14. When has a photojournalist gone too far? • Matt Mock – History • If they are photographing people in their house, then I believe hey have gone too far. If they are taking photos of Politicians, it keeps them honest. • Ishmail Shakur - Undecided • If they invade someone's private property they have gone too far. • Charles Ellis – Computer Science • A photographer has gone too far when they worry about the story more than well being of the subject.

  15. Pavesich V. New England Mutual Life Insurance Co. Sykes, C. (1999). The end of privacy , Losing Ground (pp. 95). Macmillan.

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