Kentucky

Kentucky recognizes the four privacy torts.

Intrusion: A news photograph that showed the governor’s helicopter pilot emerging from a portable toilet was not intrusive because it was taken in a public place while the photographer covered a newsworthy event. Livingston v. Kentucky Post, 14 Med. L. Rptr. 2076 (Ky. Cir. Ct. 1987).

Private Facts: The widow of a man who was murdered in an office massacre could not sue a newspaper for publishing photographs of his corpse because the murder was of public concern and because only living persons can sue for invasion of privacy. Barger v. Courier-Journal, unpublished, 20 Med. L. Rptr. 1189 (Ky. Ct. App. 1991), cert. denied, 503 U.S. 1006 (1992).

False Light: A boy pictured in a charity’s solicitation pamphlet that incorrectly stated he lived in a trailer was entitled to nominal false light damages. The boy’s parents, however, were not allowed to recover damages. Bowling v. Missionary Servants of the Most Holy Trinity, 972 F.2d 346, 20 Med. L. Rptr. 1496 (6th Cir. 1992).

A woman whose nude photograph was submitted to a sexually explicit magazine and published without her knowledge must prove the magazine knew that the submitted consent forms were forged, or acted with reckless disregard for the accuracy of the consent forms, to win a false light claim. Ashby v. Hustler, 802 F.2d 856 (6th Cir. 1986).

Misappropriation: A boy who was pictured in a charity’s solicitation pamphlet that incorrectly stated he lived in a trailer was entitled to a $100 modeling fee as damages. Bowling v. Missionary Servants of the Most Holy Trinity, 972 F.2d 346, 20 Med. L. Rptr. 1496 (6th Cir. 1992).