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What laws apply to citizens who have their picture taken and published in a magazine with false information?
Wiki User
∙ 16y ago
Freedom of the Press applies to almost any coverage by the media. The person who was falsely accused/maligned in some sense, can sue for defamation of character, stress, undue hardship, and a number of other civil torts. Until one proves the allegations to be false, the media,in most cases unfortunately, will print whatever they want. Sometimes, when faced with a legal battle, they try to weasel out by printing a retraction and apology. A person finding themself in this position, should have no problem retaining experienced litigator on a contigency basis. In other words, sue! sue! sue! That is the tort of False Light in the Public Eye. You may recover for false light in the public eye if you are able to show that defendant made unauthorized use of your name or likeness, attributing to you ideas which are false. A prima facie case requires: Publication to a reasonable number of people that places you in a false light in public eye and causation (the publication caused your damages). If the publication is a newsworthy matter the defendant must have acted with a knowing or reckless disregard of the truth. Publication to reasonable number of third persons. False light must be highly offensive to reasonable person. Fault-Newsworthy statements not actionable unless knowing or reckless falsity. Causation-Publication caused damages Damages-Damages to reputation, emotional distress, money losses (e.g. wages). Your state stautes may have modified the common law elements. ALSO AS DESCRIBED ABOVE YOU MAY BE ABLE TO BRING FORTH A SLANDER CLAIM, BUT YOU MUST PROVE THAT THE INFORMATION PUBLISHED WAS FALSE
Wiki User
∙ 16y ago
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