False light is a privacy-invading claim recognized under tort law in most US jurisdictions, protecting people who have been mischaracterized in a publication and emotionally harmed. The claim varies from state to state, with some not recognizing it. The Restatement (Second) of Torts provides a model law for lawmakers and academics. The mischaracterization must be widely publicized, known by the author or editor, and objectively offensive. False light often overlaps with defamation, and there is controversy over whether it exists independently. The First Amendment can also be an obstacle. Damages and injunctions are remedies for false light, defamation, and other privacy claims.
The “false light” is one of four privacy-invading claims recognized under tort law in most US jurisdictions. The claim exists to protect people who have been mischaracterized in a publication, meaning people who have been portrayed to the public in a false or false light, and are emotionally harmed as a result. The specifics of what is required to define such a claim varies from state to state, and not all states recognize the claims. Mild false claims can be difficult to prove even when they are permitted, often due to their similarity to defamation, a tort for personal injury. Even the breadth of the First Amendment to the United States Constitution, which protects free speech, can be an obstacle to a successful misrepresentation.
Along with false light, the family of privacy claims in US civil law includes embezzlement, intrusion into solitary confinement, and publicity of private facts. States are free to establish their own rules for the types of tort claims that are recognizable, as well as the elements needed to successfully define and prove a tort-based action. Most states recognize the last three privacy torts in law but, as of 2010, only about half have recognized false light as an independent civil tort.
The definition of a false-light claim and sample language for how a state might codify it is contained in the Restatement (Second) of Torts, a national treaty that serves as a model law for lawmakers and academics. While states make their own laws independently, all use the treaty as a guide. Using the guide means that while the outlines may differ by state, a false or false light claim will universally contain a number of fixed elements.
The first key requirement is that the alleged mischaracterization be widely publicized, which means that it must be published in such a way that it is likely to be seen or read by large numbers of people. Second, the author or editor must have known that the publication contained mischaracterization, or acted with what the law calls a “reckless disregard” for the truth. Finally, the mischaracterization must be objectively offensive.
The parties often argue false lights along with defamation. Defamation is also a civil tort that varies in specifics depending on state law, but is recognized in every state in the United States as a way to protect oneself from the publication or dissemination of untrue facts that damage a person’s reputation. Libel and false light overlap in many ways: both focus on a falsehood, for example, and both involve some kind of harm to the subject of that falsehood. There is much controversy among the courts as to whether false light can exist independently of libel, or whether it is simply a narrower and more nuanced version of libel.
Another challenge to face is the possible conflict with the First Amendment. The First Amendment offers broad protections for individual speech. Allegations that a published piece presents a person in a false or false light may not challenge the author’s First Amendment right to speak freely.
If a court finds that a publication meets the requirements of a false light claim as defined in local law, it will award damages, order an injunction, or both. Damages are usually calculated based on the extent of the damages sustained by the misrepresented person. Most false or untruthful light claims focus only on emotional damages, and the spectrum of what a court considers an appropriate amount for this type of damage can vary widely.
An injunction is a court order prohibiting the publisher from continuing to make the offending work available, which can help stop the flow of damages from claims or insinuations of the work. Injunction and damages are also the remedies for defamation and other privacy claims. As such, a person who fails to prove a misleading claim may still have a chance to recoup their losses and end the scope of the harmful content by succeeding on a different theory.
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