Privacy is invaded when one intentionally intrudes, physically or otherwise, upon a person's solitude or into his private area or affairs.
Intrusion claims against the media often center on some aspect of the newsgathering process. This tort may involve the wrongful use of tape recorders, cameras or other intrusive equipment. Trespass also can be a form of intrusion. In addition to liability for tortious invasions of privacy, reporters should be aware that anti-paparazzi laws may create statutory liability, sometimes both civil and criminal, for newsgathering that involves trespass or harassment. California enacted such a law in 1998, and a similar bill was considered by the U.S. Congress in 1999.3
An actionable claim for intrusion may arise whether or not a news story is published or aired. For example, in Williams v. ABC, a plaintiff successfully sued a television station when her hip surgery was filmed without her consent.4 The presence of television cameras in private surgery was held to be an intrusion — a violation of the woman's privacy — regardless of whether the surgery footage actually was aired.
The California Supreme Court has held that at an accident scene, audio and videotaping of rescue efforts alongside an interstate would not constitute intrusion, but taping the same accident victims once they have been moved to a rescue helicopter could be considered an invasion of privacy.5
No comments:
Post a Comment