Also known as: false light tort · false-light invasion of privacy · false light · false light privacy tort
Written by attorneys · grounded in primary & secondary sources — see below
A privacy tort arising when one gives publicity to a matter concerning another that places the other before the public in a false light. The false light must be highly offensive to a reasonable person, and the actor must have had knowledge of or acted in reckless disregard as to the falsity of the publicized matter and the false light in which the other would be placed.
An entertainment network aired a segment on celebrity drug relapses and used a still image of Fernando Farrell stepping out of a rehab facility from an unrelated documentary. The narration and graphics suggested that Fernando was secretly battling addiction even though he has never used drugs. Fernando sues the network for false light invasion of privacy.
A news outlet published an article about Faith Fitzgerald that contained minor inaccuracies but was substantially true overall. Faith sues for false light, claiming the story placed her in an unflattering position. The court dismisses the claim because the reporting was protected and did not create actionable falsity.
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Fisher Foods created a loss-prevention training video using security footage of Felicia Fuentes during an ordinary shift. The narrator stated the footage showed a member of an internal shoplifting ring, and the video was posted on the company's public YouTube channel. Felicia, who had never stolen, sues for false light.
A sketch comedy program aired a parody segment featuring an actor portraying Fabian Flynn, the well-known governor, confessing to accepting kickbacks. Flynn sues for false light, alleging viewers might interpret the statements as credible. The network moves to dismiss on First Amendment grounds.
A magazine published an article describing a play as a reenactment of Francesca Fowler's real hostage experience and illustrated it with photographs of actors in her former home. Francesca sues under a state privacy statute for false light arising from the inaccurate portrayal of her conduct during the incident.
A television station broadcast the entire fifteen-second performance of Francesca Fiore's human cannonball act at a county fair without her consent. Francesca sues for false light, claiming the broadcast placed her in an offensive position by appropriating her act for entertainment value.
A plaintiff must show that the defendant gave publicity to a matter concerning the plaintiff that placed the plaintiff before the public in a false light highly offensive to a reasonable person and that the defendant knew of or recklessly disregarded the falsity and the false light created.
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No. The harm can be dignitary or emotional, such as embarrassment from being portrayed as involved in criminal conduct, without any showing of economic loss.
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No. Where the alleged false light arises from substantially true reporting or protected opinion, the claim fails as a matter of law under constitutional and common-law standards.
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A public figure plaintiff must prove that the defendant acted with actual malice, meaning knowledge of falsity or reckless disregard for the truth, before recovering damages.
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…created a cause of action for invasion of privacy by giving publicity to matters concerning an individual that placed him in a false light before the public. A jury awarded Hill compensatory and punitive damages; the Appellate Division affirmed but the New York Court of Appeals reversed the punitive damages award while…