Cohen vs. Cowles Media
If you tell a source that you keep their name out of their story, and they give you info based on that promise, it is a legally enforceable promise and will cause probs for you and ur org if you break it
Tags: anonymous sources, court cases
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False light invasion of privacy
- Allegations are false
- Publication puts plaintiff in false light that would be offensive to a reasonable person
- No reputational damage needed, just embarrassment is enough
- Publisher is at fault
Tags: privacy, torts
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NY's Shield Law
- Absolute privilege for confidential information
- Qualified privilege for non-confidential information Highly material and relevant | Critical or necessary | Not obtainable from another source
- Covers “professional journalists” - Bloggers, students?
Tags: privacy, shield law
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Privacy Protection Act
- Unannounced search and seizure in newsroom or home
- Journalist is broadly defined
- Protection is qualified.
Attorney General Guidelines
- Similar to Constitutional privilege
- Internal rules, not enforceable in court
- Only applies to FBI subpoenas
- Doesn’t cover “national security letters”
- But still very helpful
Branzburg v. Hayes
Privilege is not absolute, but qualified
- Exhaustion of alternate sources
- A showing of strong need (relevance) for disclosure
- Balancing of the public interest in disclosure against the interest in gathering the news
Bartnicki v. Vopper
As long as you are not a participant in the illegal gathering of true
information about matters of public importance, you can publish it without fear of prosecution.
information about matters of public importance, you can publish it without fear of prosecution.
Tags: anonymous sources, court cases
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Privacy - The 4 Torts
- Appropriation
- Intrusion into solitude or seclusion
- Disclosure of private facts
- False light invasion of privacy
Tags: privacy, torts
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Appropriation
- One of the 4 torts of privacy
- Right of publicity - No liability for give further publicity to info that's already known by a large number of people
- Right of privacy - The right not to have your image appropriated in way that humiliates you.
- Newsgathering exception - exception to the rule is if it is of legitimate public interest or concern
Tags: privacy, torts
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Intrusion into solitude or seclusion
- Tort committed without any publication
- Key: “reasonable expectation of privacy”
- Public interest doesn’t help
- Ex. Ride-alongs, secret recording, telephoto l
Tags: privacy, torts
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Disclosure of Private Facts
- “Highly offensive to a reasonable person”
- Not of legitimate public concern
- Needs a wide audience to be effective (not like libel which only needs one person)
Tags: privacy, torts
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Kartensatzinfo:
Autor: CoboCards-User
Oberthema: Law
Thema: Media Law
Schule / Uni: CUNY
Veröffentlicht: 13.12.2010
Tags: cuny, law and ethics
