NCJ Number
107486
Journal
New England Law Review Volume: 20 Issue: 4 Dated: (1984-1985) Pages: 687-720
Date Published
1985
Length
34 pages
Annotation
While models and actresses have frequently brought invasion of privacy actions against publishers for unauthorized sexual portrayals, such actions usually fail because courts require proof of actual malice in cases involving victims defined as public figures.
Abstract
In contrast, those not considered public figures often obtain relief under a more lenient negligence standard for invasions of privacy. It is argued that the application of the public figure doctrine in the former cases is inappropriate, as such portrayals rarely serve any newsworthy purpose and infringe on the privacy of the individuals portrayed. A legislative remedy that would provide new protections for plaintiffs in such cases, especially models and actresses, is suggested. The proposed statute provides all individuals with the right to consent to the dissemination or modification of their sexual portrayals so long as the primary purpose of the portrayal is not to provide news. It is argued that the proposed statute would survive constitutional challenge on the grounds that protection from sex-based violations of civil rights justifies restrictions on free speech. 195 footnotes.