1. Reasons Right to Privacy has been diminishing.
    • Growth of Government
    • Growth of Mass Media
    • Technological Inovations
  2. Reasons Privacy Laws Rising
    • Yellow Journalism
    • Movement to Urban Society
  3. Appropriation
    Using a persons name or likeness for commercial purposed without consent
  4. Right to Privacy vs. Right of Publicity
    • Privacy - personal right, protects from emotional harm, ends with death
    • Publicity - property right, protects economic value of name, passes to relatives upon death
  5. Types of Likenesses
    • Photo, Painting, Sketch, Cartoon
    • Fictional Character
    • Look Alike
    • Sound Alike
  6. News and Information Exception
    News stories (any non-advertisement) cannot be considered appropriation
  7. Booth Rule
    Use of name or likeness is not appropriation if has been or will be part of product content
  8. When consent doesn't apply
    • After a long time
    • From minors, or wards of the state
    • if image is materially altered
  9. Intrusion vs. Trespass
    • intrusion - eavesdropping, gathering private records, telephoto pictures
    • trespass - intentional entry onto land owned by someone else
  10. Reasonable Expectation of Privacy
    • argument against press
    • not in public
  11. Illegally Obtained Information
    Press not responsible for info obtained illegally by a second party
  12. Assumption of Risk Analysis
    No expectation of privacy when information is voluntarily made accessible to another person
  13. Electronic Communications Privacy Act
    • Illegal to intentionally intercept a cell phone conversation
    • Illegal to forbid manufacturers of radio scanners from making scanners that can intercept cell phones
    • Illegal to outlaws intentional interception of online communications
  14. Drivers License Protection Act
    Barred state DMVs from disclosing personal information that is contained in driver’s license records
  15. Children’s Online Privacy Protection Act
    Allows the FTC to regulate Internet sites that collect personal information from users under age 13
  16. Publicity vs. Publication in Libel Law
    • Publicity - to a large number of people
    • Publication - to a single third party
  17. Illegal reasons to publish private matter
    • has publicity
    • highly offensive to the reasonable man
    • not of legitimate public concern
  18. Reasons information not considered private
    • happens in public
    • large segment of public already aware of info
    • contained in documents of public record
  19. Name rape victims
    • legal if obtained through public record
    • usually restricted by most news outlets
  20. False Light
    • Illegal if found offensive and publisher of material is at fault (must prove fault)
    • Unlike libel, Doesn't have to harm reputation, just must be false and cause embarrassment
  21. Most false light cases are caused by
    • editing or writing errors
    • misuse of photographs
  22. Three primary sources of law journalists look to for a legal right to information
    • Common law
    • Constitutional law
    • Statutory law
  23. Secret Recording Equipment
    Laws vary according to state
  24. FOIA - Freedom of Information Act
    provides statutory right of access to records possessed by federal government agencies (within 20 business days)
  25. FOIA Exemptions
    • National security matters
    • Housekeeping materials
    • Material exempted by statute (used by CIA)
    • Trade secrets
    • Working papers and lawyer-client privileged documents
    • Personal privacy files
    • Law enforcement records
    • Financial institution materials
    • Geological data
  26. Government in Sunshine Act, 1976
    • Applies to 50 federal bodies
    • Courts interpret to apply only to bodies appointed by the President
    • 10 exemptions allow for closed meetings; the 9 FOIA plus an arbitration exemption
  27. State Open-Meetings Laws
    • Provide for closed meetings, or executive sessions, in certain cases
    • Require advance public notice of regular and special meetings
  28. Exemptions to state open-records laws
    • Information classified as confidential
    • Law enforcement and investigatory information
    • Trade secrets and commercial information
    • Preliminary departmental memorandums (working papers)
    • Personal privacy information
    • Information relating to litigation against a public body
  29. Buckley Amendment
    • Permits parents to review their kid's school records
    • Prohibits the dissemination of personally identifiable information to unauthorized persons without consent of parents
  30. Health and Medical Records: HIPAA
    • Limits ability of journalists to obtain information about patients in hospitals and healthcare settings
    • Journalists can obtain information about crime victims from law enforcement sources
  31. The Federal Privacy Law
    • Checks the misuse of personal data obtained by the federal government
    • Provides access for individuals to records about themselves that are held by federal agencies
    • Federal agencies must limit collection of information to relevance and necessity
  32. Criminal History Privacy Laws
    • Press not given access to criminal history records kept by police
    • Press given access to pertinent info to a case for that is currently being processed and conviction records
  33. State Statutes that Limit Access to Information
    All states have statutes that limit access to information otherwise be available under FOIA
Card Set
Comm Law Test ch. 7, 8, & 9