Invasion of Privacy - Public Disclosure of Private Facts


[1] Elements and Case Citations

Under Florida law, the tort of public disclosure of private facts requires that a party prove (1) publication to a large number of people, (2) of private facts (3) whose publication would be highly offensive to a reasonable person and (4) are not of public concern.

 

(4) False Light: Publication of facts that place a person in a false light even though the facts themselves may not be defamatory.

 

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Florida State Courts

Supreme Court: Cape Publications, Inc. v. Hitchner, 549 So. 2d 1374, 1377 (Fla. 1989); See also Agency For Health Care Adm. v. Assoc. Indus., Inc., 678 So. 2d 1239, 1252 (Fla. 1996) (discussing all causes of action).

Third District: Doe v. Univision Television Group, Inc., 717 So.2d 63, 64 (Fla. 3d DCA 1998).

Fifth District: See Post-Newsweek Stations Orlando, Inc. v. Guetzloe, 968 So.2d 608, 613 (Fla. 5th DCA 2007); See also Williams v. City of Minneola, 575 So.2d 683, 689 (Fla. 5th DCA 1991).

Florida Federal Courts

Southern District: Morrison v. Morgan Stanley Properties, 2008 WL 1771871, *7 (S.D. Fla. April 15, 2008).

Middle District:Comprehensive Care Corp. v. Katzman, 2010 WL 1433414, *5 (M.D. Fla. April 9, 2010).

References

Restatement (Second) of Torts § 652 (1977 Amendment)

Restatement of Unfair Competition § 46 (1993)

Restatement (Second) of Torts §652D (1977).

[2] Defenses to Invasion of Privacy Claims

(1) Fla. R. Civ. P. 1.110(d) (pleading affirmative defenses), and other standard defenses. See § 60.

(2) Statute of Limitations: § 95.11(3)(a), Fla. Stat. (four years).

(3) Express consent to publication is a defense. See Rawls v. Conde Nast Publications, Inc., 446 F.2d 313, 316-317 (5th Cir. 1971), cert. denied, 404 U.S. 1038 (1972).

(4) Implied consent to publication is a defense. See Florida Pub. Co. v. Fletcher, 340 So. 2d 914, 917 (Fla. 1976), cert. denied, 431 U.S. 930 (1977).

(5) Plaintiff failed to prove that publication was offensive to the reasonable person. Harms v. Miami Daily News, Inc., 127 So. 2d 715, 718 (Fla. 3d DCA 1961).

(6) Public identification is a prerequisite to invasion of privacy claims. See Epic Metals Corp., v. Condec, Inc., 867 F. Supp. 1009, 1017 (M.D. Fla. 1994).

(7) Publication of facts of public concern do not give rise to invasion of privacy claim. See Woodward v. Sunbeam Television Corp., 616 So. 2d 501, 503 (Fla. 1993).

(8) Disclosure of facts regarding a criminal case obtained from public documents does not give rise to claim for invasion of privacy. See Cape Publications, Inc. v. Hitchner, 549 So. 2d 1374, 1379 (Fla. 1989).

(9) Photograph taken in a public place does not give rise to claim for invasion of privacy. See Heath v. Playboy Enterprises, Inc., 732 F. Supp. 1145, 1148 (S.D. Fla. 1990).

(10) Disclosure of facts obtained from public records or proceedings do not give rise to invasion of privacy claim. See Heath v. Playboy Enterprises, Inc., 732 F. Supp. 1145, 1148 (S.D. Fla. 1990).

(11) Invasion of privacy claims, with the exception of appropriation, can be asserted only by the individual whose privacy has been invaded. See Loft v. Fuller, 408 So. 2d 619, 623 (Fla. 4th DCA 1981), rev. denied, 419 So. 2d 1198 (Fla. 1982).

(12) The fair reporting privilege is a defense to claims for invasion of privacy where a broadcast is a “reasonably accurate and fair” description of the contents of information contained in public records. Woodard v. Sunbeam Television Corp., 616 So.2d 501, 502 (Fla. 3d DCA 1993).

(13) The right to privacy does not prohibit the publication of matter which is of legitimate public concern. Walker v. Florida Dept. of Law Enforcement, 845 So.2d 339, 340 (Fla. 3d DCA 2003).

(14) False Light Invasion of Privacy is not a recognized cause of action in the state of Florida. See Anderson v. Gannett Co., 994 So. 2d 1048, 1051 (Fla. 2008); See also Jews for Jesus, Inc. v. Rapp, 997 So. 2d 1098, 1114-15 (Fla. 2008).