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Moreover, the protection for newsworthy publications extends beyond the dissemination of "news" in the sense of current events or commentary upon public affairs. Thus, courts have found to be newsworthy articles dealing with unique love relationships, an Indian rope trick, the whereabouts and living conditions of a former child prodigy, and the peculiar personal characteristics of Bush campaign volunteers. The courts agree that most facts about public officials and celebrities are of legitimate public concern, but they also recognize that even famous public figures retain a zone of privacy relating to things like sexual activity and medical information. See State Law: Publication of Private Facts for details on the scope of the First Amendment privilege and Access to Government Records for information on freedom of information requests.It extends also to "information concerning interesting phases of human activity and embraces all issues about which information is needed or appropriate so that individuals may cope with the exigencies of their period." Campbell v. Despite the broad scope of potentially newsworthy topics, you risk losing your protection from liability if you exceed the bounds of common decency: "The line is to be drawn when the publicity ceases to be the giving of information to which the public is entitled, and becomes a morbid and sensational prying into private lives for its own sake, with which a reasonable member of the public, with decent standards, would say that he had no concern." Virgil v. Ordinary people may become "involuntary public figures" when they take part in an event or occurrence of public significance, such as a crime, an accident, or a spontaneous act of heroism. Consent is a complete defense to a legal claim for publication of private facts.Another way of saying this is that the defendant must "give publicity" to the fact or facts in question. Private Fact: The fact or facts disclosed must be private, and not generally known. Offensive to a Reasonable Person: Publication of the private facts in question must be offensive to a reasonable person of ordinary sensibilities. Not Newsworthy: The facts disclosed must not be newsworthy.Stated differently, the facts disclosed must not be a matter of legitimate public concern.A plaintiff has no privacy interest with respect to a matter that is already public. The court held that the images were not private because the plaintiffs were members of the military on active duty conducting wartime operations in full uniform and chose to allow their activities to be photographed and placed on the Internet. The ordinary reasonable man does not take offense at a report in a newspaper that he has returned from a visit, gone camping in the woods or given a party at his house for his friends. The court reasoned that there was no connection between the plaintiff's gender status and her fitness for office or any other relevant issue, and that her position did not warrant opening up her entire private life to public inspection.Thus, you cannot be held liable for discussing or republishing information about someone that is already publicly available (e.g., found on the Internet or in the newspaper). In another case, a stripper sued ABC for publishing private facts about her when the television show 20/20 aired a program about the allegedly illegal activities of several persons associated with the strip bar where she worked. Even minor and moderate annoyance, as for example through public disclosure of the fact that the plaintiff has clumsily fallen downstairs and broken his ankle, is not sufficient to give him a cause of action under the rule stated in this Section. Some examples of activities found to be highly offensive include publishing a photograph of a woman nursing a child or posing nude in a bathtub, displaying a movie of a woman's caesarian operation, and disseminating a video showing two celebrities having sex. Moreover, the court perceived that the reporter in question was making a joke at the plaintiff's expense, which did not help his case. The passage of time might also affect whether a private fact is newsworthy.This means communication to the public at large, or to so many people that the matter must be regarded as likely to become public knowledge. As the latter two cases suggest, a person's photograph or image can be a "private fact," but generally not when it is captured in a public or semi-public place. Note, however, that publishing photographs of other people, even if taken in public, may result in liability for unauthorized use of name or likeness.

A plaintiff bringing a publication of private facts claim must show that the defendant made a public disclosure of the fact or facts in question. 1953), the court held that a newspaper was not liable for invasion of privacy through publication of private facts when it published a photograph of a couple kissing at the farmer's market in San Francisco.

In most states, you can be sued for publishing private facts about another person, even if those facts are true.

The term "private facts" refers to information about someone's personal life that has not previously been revealed to the public, that is not of legitimate public concern, and the publication of which would be offensive to a reasonable person.

For example, writing about a person's HIV status, sexual orientation, or financial troubles could lead to liability for publication of private facts.

However, the law protects you when you publish information that is newsworthy, regardless of whether someone else would like you to keep that information private.

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