North Carolina

The North Carolina Supreme Court has rejected the private facts tort, noting the availability of the tort of intentional infliction of emotional distress. Hall v. Salisbury Post, 372 S.E.2d 711 (N.C. 1988). The court also rejected the false light tort. Renwick v. News and Observer, 312 S.E.2d 405 (N.C.), cert. denied, 469 U.S. 858 (1984). The state has recognized misappropriation and intrusion.

Intrusion: In a case involving a hidden camera placed in a man’s bedroom by his estranged wife, the North Carolina Court of Appeals recognized for the first time a cause of action for invasion of privacy by intrusion. Other North Carolina courts had discussed the intrusion cause of action, but none had explicitly recognized an intrusion claim. Miller v. Brooks, 472 S.E.2d 350 (N.C. Ct. App. 1996), discretionary review denied, 483 S.E.2d 172 (N.C. 1997).

Misappropriation: Even though a person consented to having his photograph and name used in an advertisement, when a photograph of someone else appeared in the advertisement with his name attached, he had grounds for a misappropriation claim. Barr v. Southern Bell Tel. & Tel. Co., 185 S.E.2d 714 (N.C. Ct. App. 1972).