Publication of Private Facts

Washington recognizes a legal claim for publication of private facts. The law in Washington is likely similar to that described in the general page on publication of private facts, but few Washington cases deal directly with this legal claim. This page addresses those aspects of Washington law, to the extent it is known, that are different from the general description.

Elements of a Private Facts Claim

In Washington, the elements of a publication of private facts claim are: (1) public disclosure (2) of a matter concerning the private life of another (3) that would be highly offensive to a reasonable person, and (4) that is not of legitimate concern to the public.

Washington law does not impose liability for publication of information that is of legitimate public concern or newsworthy. In one case, a Washington court indicated that the circumstances of the death of a young woman found naked on the side of the road were a matter of "immediate public concern" even though neither the woman nor her parents were public figures. See Moloney v. Tribune Publ'g Co., 613 P.2d 1179 (Wash. Ct. App. 1980). Washington courts probably would follow the courts of other states in determining what is a matter of legitimate public concern. See the general description for a sense of what others courts have said about this issue.   read more »

Virginia does not recognize a legal claim for the publication of private facts. See WJLA-TV v. Levin, 564 S.E.2d 383, 395 n.5 (Va. 2002).

 

Texas recognizes a legal claim for publication of private facts. For the most part, the law in Texas is similar to that described in the general page on publication of private facts. See that page for a full discussion of the elements of and defenses to a private facts claim. Here, we will address only those aspects of Texas law that are different from the general description.

Elements of a Private Facts Claim

In Texas, in order to recover for public disclosure of private facts, a plaintiff must show that (1) publicity was given to matters concerning his or her private life; (2) the publication of these facts would be highly offensive to a reasonable person of ordinary sensibilities; and (3) the matter publicized was not of legitimate public concern.

Texas law does not impose liability for publication of information that is of legitimate public concern or newsworthy. A federal court applying Texas law has indicated that "reports of the investigation of crimes or matters pertaining to criminal activity have almost without exception been held to be newsworthy or matters of public interest as a matter of law." Lowe v. Hearst Communications, Inc., 487 F.3d 246, 250 (5th Cir. 2007)

Texas courts have found the following things, among others, to be of legitimate public concern or newsworthy:   read more »

Pennsylvania recognizes a legal claim for publication of private facts. For the most part, the law in Pennsylvania is similar to that described in the general page on publication of private facts. See that page for a full discussion of the elements of and defenses to a private facts claim. This page addresses only those aspects of Pennsylvania law that are different from the general description.

Elements of a Private Facts Claim

In Pennsylvania, the elements of a publication of private facts claim are: (1) publicity given to (2) private facts, (3) which would be highly offensive to a reasonable person, and (4) is not of legitimate concern to the public.

Pennsylvania law does not impose liability for publication of factually accurate information that is "newsworthy" or of legitimate public concern. Pennsylvania courts consider information newsworthy when it concerns "relatively current events such as in the common experience are likely to be of public interest." Jenkins v. Dell Publ'g Co., 251 F.2d 447, 451 (3d Cir. 1958).

Courts applying Pennsylvania law have found the following things to be of legitimate public concern or newsworthy:   read more »

Ohio recognizes a legal claim for publication of private facts. For the most part, the law in Ohio is similar to that described in the general page on publication of private facts. See that page for a full discussion of the elements of and defenses to a private facts claim. This section addresses only those aspects of Ohio law that are different from the general description.

Elements of a Private Facts Claim

In Ohio, the elements of a publication of private facts claim are: (1) a public disclosure; (2) the facts disclosed must concern the private life of an individual, not his or her public life; (3) the matter disclosed must be one which would be highly offensive and objectionable to a reasonable person of ordinary sensibilities; (4) the disclosure must have been made intentionally, not negligently; and (5) the matter disclosed must not be of legitimate concern to the public.

Ohio law does not impose liability for publication of factually accurate information that is "newsworthy" or of legitimate public concern. Examples of things that Ohio courts have considered to be of legitimate public concern or newsworthy include:

• a drug raid, including the arrest of an innocent bystander that was broadcast on television;
• the name and address of a murder suspect's father;
• the manner in which the police handle domestic violence complaints;
• information concerning a county government's Medicaid fraud investigation; and
• allegations of domestic abuse against a police chief.

For additional information and discussion of Ohio cases, see the Reporters Committee's Photographers' Guide to Privacy: Ohio.   read more »