AZ Common Law Causes of Action FALSE LIGHT (2011)

• Jurisdiction: Arizona

FALSE LIGHT

Elements

“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.”

Hart v. Seven Resorts Inc., 190 Ariz. 272, 280, 947 P.2d 846, 854 (App. Div. 1, 1997).

Proof

“[T]he tort action for false light invasion of privacy provides protection against a narrow class of wrongful conduct that falls short of ‘outrage,’ but nevertheless should be deterred.” Godbehere v. Phoenix Newspapers, Inc., 162 Ariz. 335, 340-41, 783 P.2d 781, 786-87 (1989).

“Privacy . . . does not protect reputation but protects mental and emotional interests.
. . . The remedy is available to protect a person’s interest in being let alone and is available when there has been publicity of a kind that is highly offensive.” Godbehere v. Phoenix Newspapers, Inc., 162 Ariz. 335, 341, 783 P.2d 781, 787 (1989) (internal quotation omitted).

“A false light cause of action may arise when something untrue has been published about an individual, or when the publication of true information creates a false implication about the individual. In the latter type of case, the false innuendo created by the highly offensive presentation of a true fact constitutes the...