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Invasion of Privacy: Defenses

If a person consents, there can be no invasion of privacy. However, the reporter should be sure that the subject has not only consented to be interviewed, but also consented to publishing or airing the interview or photographs. When minors or legally incompetent people are involved, the consent of a parent or guardian may be necessary. A written release is essential for use of pictures or private information in advertising or other commercial contexts.

Truth can be a defense, but only in false light cases. A litigant claiming false light invasion of privacy who is involved in a matter of public interest must prove that the media intentionally or recklessly made erroneous statements about him. However, truth is not a defense to a claim based on publication of private facts.

If the public has a legitimate interest in the story as it was reported, newsworthiness can be a defense to the charge of invasion of privacy. But if the report of legitimate public interest includes gratuitous private information, publication of those private facts may be actionable.

Next section: Invasion of Privacy: Reporter's privacy checklist