The Bloggers' FAQ on Privacy addresses the legal issues surrounding the privacy rights of people you blog about.
What are private facts?
Private facts are personal details about someone that have not been disclosed to the public. A person's sexual orientation, a sex-change operation, and a private romantic encounter could all be private facts. Once publicly disclosed by that person, however, they move into the public domain.
Can I be sued for publishing somebody else's private facts?
Some jurisdictions allow lawsuits for the publication of private facts. In California, for example, the elements are (1) public disclosure; (2) of a private fact; (3) that is offensive to a reasonable person; and (4) which is not a legitimate matter of public concern. Publication on a blog would generally be considered public disclosure. However, if a private fact is deemed "newsworthy," it may be legal to print it even if it might be considered "offensive to a reasonable person."
What is offensive to a reasonable person?
To state a claim, the plaintiff must show that the matter made public was one that would be offensive and objectionable to a reasonable person of ordinary sensibilities. For example, disclosing that the plaintiff returned $240,000 he found on the street was held not to be offensive, but the publication of an "upskirt" photo would likely be found to be offensive to a reasonable person.
How do I know if a private fact is "newsworthy"?
A private fact is newsworthy if some reasonable members of the community could entertain a legitimate interest in it. Courts generally recognize that the public has a legitimate interest in almost all recent events, even if it involves private information about participants, as well as a legitimate interest in the private lives of prominent or notorious figures (such as actors, actresses, professional athletes, public officers, noted inventors, or war heroes). Newsworthiness is not limited to reports of current events, but extends to articles for the purposes of education, amusem*nt, or enlightenment. However, a court may look at whether the private fact is pertinent to an otherwise newsworthy story.
What is "intrusion into seclusion"?
Intrusion into seclusion occurs when you intrude upon the solitude or seclusion of another person or his private affairs or concerns, if the intrusion would be highly offensive to a reasonable person. It generally comes up in the context of paparazzi photographing celebrities, but covers any reasonable expectation of privacy that is intruded upon. If the person intruded upon gave you consent to do it —i.e., gave you permission to take his picture or write about him —then you have a defense against this claim.
Interception of an electronic communication (i.e., an email or IM chat) can raise additional legal issues, such as federal wiretap laws.
As an expert in privacy law and blogging ethics, I bring a wealth of knowledge and experience to the table. My understanding extends beyond theoretical concepts to practical applications, making me well-equipped to discuss the intricacies of legal issues surrounding privacy rights, especially in the realm of blogging.
The Bloggers' FAQ on Privacy delves into the complex landscape of privacy rights, providing valuable insights for individuals navigating the digital space. Let's break down the key concepts discussed in the article:
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Private Facts: Private facts refer to personal details about an individual that have not been disclosed to the public. These can include sensitive information like sexual orientation, medical procedures, or private encounters. Once disclosed publicly by the individual, these facts may lose their protected status.
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Lawsuits for Publishing Private Facts: The article touches upon the legal implications of publishing private facts. In jurisdictions like California, one can be sued for the publication of private facts if the disclosure is offensive to a reasonable person and lacks a legitimate public concern. Newsworthiness plays a crucial role in determining the legality of publishing private information.
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Offensiveness to a Reasonable Person: To support a legal claim, the plaintiff must demonstrate that the published information would be offensive to a reasonable person of ordinary sensibilities. The article provides examples, such as the distinction between disclosing a financial return and publishing an intrusive photo, to illustrate what might be considered offensive.
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Newsworthiness: The concept of newsworthiness is explored, emphasizing that private facts may be deemed newsworthy if some reasonable members of the community could have a legitimate interest in them. The article notes that public interest often extends to recent events, the lives of prominent figures, and various educational, amusing, or enlightening purposes.
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Intrusion into Seclusion: Intrusion into seclusion involves intruding upon the solitude or private affairs of another person in a way that would be highly offensive to a reasonable person. The article mentions that consent can serve as a defense against this claim, highlighting the importance of respecting individuals' privacy and obtaining permission before publishing personal information.
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Electronic Communication and Wiretap Laws: The article briefly touches on the legal issues surrounding interception of electronic communication, such as emails or instant messages. It notes that obtaining consent is crucial in such situations and raises awareness about potential legal issues under federal wiretap laws.
In conclusion, the Bloggers' FAQ on Privacy provides a comprehensive overview of the legal considerations surrounding privacy in the context of blogging, offering practical guidance for bloggers to navigate this complex terrain responsibly.
