Intentional Infliction of Emotional Distress

Individuals sometimes sue the news media for emotional distress caused by the publication of embarrassing, truthful facts. Courts generally require that the statement be made intentionally or recklessly, that it be "extreme and outrageous," that the statement be the cause of the plaintiff's distress, and that the distress be severe. Note that, in Hustler Magazine v. Falwell, the Supreme Court ruled that public figures and officials may not recover for intentional infliction of emotional distress without demonstrating that the material in question contained a false statement of fact that was made with actual malice.

Appeals court throws out nearly $20 million jury award against Hustler Magazine

Rachel Bunn | Privacy | News | May 3, 2012
News
May 3, 2012

A federal court of appeals threw out an almost $20 million jury award to the family of Nancy Benoit who claimed Hustler Magazine violated their daughter's right of publicity by publishing nude photographs of her after she was killed by her husband, the professional wrestler Chris Benoit in a double murder-suicide.