Portrayal in a False Light

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The portrayal in a false light privacy tort involves publishing highly offensive private information about an individual to create a bad impression.

• information published is true, but it is published in an offensive way
• often is confused with defamation
  • another type of tort that involves maliciously saying false things about another person
• portrayal in a false light privacy tort occurs when a person’s photograph or image is used to create a bad impression
  • E.g.,
    • taking a picture for a magazine of a person standing outside of a bar might create the impression that the person is a customer
    • which might be offensive if the person holds a position of high respect in the community
    • person photographed could sue for invasion of privacy based on portrayal in a false light

Example

In 1993, the Alabama Supreme Court reviewed a false light case.

• a greyhound racetrack took a picture of a group of men sitting together
• was later used in advertising material
• men sued for false light
• court held that the men did not state a claim for false light because they were in a public place
• court said there was nothing offensive about sitting at the track
• also said that the men consented to the taking of the photograph because they did not move or object when the photographer appeared and began taking pictures
• These types of torts are very dependent on the facts and circumstances of each case