Synopsis of Rule of Law. To prevail on a false light claim, the plaintiff must show (1) Defendant disclosed to one or more persons information about or concerning plaintiff that was presented as factual but that was actually false or created a false impression about him, (2) the information was understood by one or more persons to whom is was disclosed as stating or implying something highly offensive that would have a tendency to injure plaintiff’s reputation, (3) by clear and convincing evidence, Defendant acted with constitutional malice, and (4) the plaintiff was damaged by the disclosure. In addition, plaintiffs who are public figures or officials must also show that the Defendant knowingly or recklessly created the false impression.
An action for invasion of privacy by placing the plaintiff in a false light in the public eye is in substance equivalent to a libel claim.
View Full Point of LawIssue. Whether Playgirl committed the tort of false light by publishing Solano’s picture on the cover coupled with degrading and offensive headlines and phrases describing the content of the magazine.
Held. Yes. To prevail on a false light claim, the plaintiff must show (1) Defendant disclosed to one or more persons information about or concerning Solano that was presented as factual but that was actually false or created a false impression about him, (2) the information was understood by one or more persons to whom is was disclosed as stating or implying something highly offensive. That would have a tendency to injure plaintiff’s reputation, (3) by clear and convincing evidence, Defendant acted with constitutional malice, and (4) the plaintiff was damaged by the disclosure. In addition, plaintiffs who are public figures or officials must also show that the Defendant knowingly or recklessly created the false impression. The court found that Solano met all criteria for establishing a false light claim. Evidence that some editors had been worried about the possible false impression was sufficient to satisfy the last requirement. Solano established damages by showing he was embarrassed.
Discussion. Â Some courts have rejected the false light claim, arguing that it largely duplicates defamation claims or raises free speech problems.