Libel & Invasion of Privacy (cont.)

Note that advertorials may be treated differently.  They generally promote a message, not a product, even when they are published by a company that normally advertises its product. Such advertorials may be viewed as news or editorializing, but that doesn't mean you can't be sued.  It just means you are less likely to lose in the suit.

Private facts about a person may be the subject of suits in some states. There is broad divergence among state laws in this area.  Some say that a fact, once public, can never be private. Others, notably California, have said once-public facts may become private if sufficient time has passed without the fact being mentioned publicly. In all states that recognize such claims, the plaintiff must demonstrate that s/he worked to keep the information from the public.

What's public and what's private?  If it occurs in a public place its public. So if you are promoting the downtown business district and you shoot a photo of some stores and a couple walking by arm-in-arm there can be no claim against you, even if the two people are married but not to each other, or they are homosexuals who have never revealed their lifestyle to family members.

As I said earlier, false light is treated much like libel. If you publish statements which give readers a false impression of the person and that person's self esteem is injured you may be sued. Often false light claims accompany libel claims.  Fortunately, courts generally impose the same limitations on false light claims that they impose on libel.

Here, too, good prepublication review can help you avoid being sued. If you are working on a news story, feature or promotional material and are concerned we can assist you to find a way to safely say what you want to communicate to your audience.