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Public Disclosure of Private Facts
Private Facts
Private Facts. We previously discussed claims for invasion of privacy in this post . Now, we will talk in greater detail about one of those claims – – public disclosure of private facts.
What are the elements of the claim?
Mississippi law gives each person a substantial zone of freedom which, at his election, he may keep private.
Therefore, a person who learns of a private fact and discloses it to the public may be sued under two conditions:
- A reasonable person would think that disclosure of the fact is highly offensive.
- The fact is not of legitimate concern to the public.
What is considered a private fact?
Mississippi law does not create a “hard and fast” rule for deciding what is a private fact. Each case turns upon its own circumstances. But, it is clear that the plaintiff must have kept the fact confidential.
That does not mean that the plaintiff must have told no one. Certainly, a person can confide in a close friend or relative. Yet, it must be clear that the person was maintaining his privacy.
Public disclosure.
This element of the claim requires a “public” disclosure of the private fact. It must have communicated to so many people that it is substantially certain to become a matter of public knowledge.
So, for example, it is not an invasion of privacy when a person communicates a private fact to a single person or even a small group of persons. On the other hand, publications in newspapers and magazines are clearly public disclosures. Facebook posts are likely to be public disclosures.
The reasonable person test.
The law requires that a reasonable person would find the disclosure to be highly offensive. So, the test is an objective one. It asks what a reasonable person would think, not necessarily what the plaintiff thought.
A plaintiff cannot hold a defendant liable, then, unless the defendant should have reasonably foreseen that his remarks would be highly offensive to a reasonable person.
The absence of public concern.
Finally, to establish a claim, a plaintiff must show that the private fact was not a matter of public concern.
If, at the time of the disclosure, the fact was something that was the subject of legitimate news interest and of value and concern to the public, then the defendant cannot be held liable.
If someone has invaded your privacy by making a public disclosure of private facts, call the Panter Law Firm for a consultation at 601-607-3156.
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