False light

Definition

Restatement (Second) of Torts §652E provides:

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One who gives publicity to a matter concerning another that places the other before the public in a false light is subject to liability to the other for invasion of his privacy, if (a) the false light in which the other was placed would be highly offensive to a reasonable person, and (b) the actor had knowledge of or acted in reckless disregard as to the falsity of the publicized matter and the false light in which the other would be placed.

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Overview

Mere negligence is insufficient to establish the requisite fault necessary to hold a defendant liable — the defendant must have "had a high degree of awareness of probable falsity or in fact entertained serious doubts as to the truth of the publication."

"Congress has not evinced an intent to create a federal 'false light' tort claim for misappropriation of image or identity, absent commercialization."