Understanding Privacy Law Concepts

Summary

Publication of private facts involves disclosing personal information that is not of public concern and is offensive to a reasonable person. In New Jersey, a claim requires proving publicity of private facts, offensiveness, and lack of public concern. False light involves misleading representation that is highly offensive, requiring proof of false portrayal, offensiveness, and malice.

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WHAT IS FALSE LIGHT
False light is a privacy tort that involves representing someone in a misleading or highly offensive manner. In New Jersey, to establish false light, the plaintiff must prove:
- The portrayal places the individual in a false light.
- It is highly offensive to a reasonable person.
- The defendant acted with actual malice or reckless disregard for the truth.
Do you have a specific situation in mind where you think false light might apply?