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Oracle Tips by Burleson |
Web Stalkers
Chapter 5 -
All About Cybercrime
Invasion of Privacy
Disclosure of embarrassing facts – In this
false light challenge, a person could be liable for disclosing true
facts about an individual if the disclosure was made with malicious
intent.
False publicity – Judges have used the false
light laws to award damages against those who publish false or
misleading information about an individual. For example, having
one’s face featured in an article about leprosy damage could be
actionable, even if it did not identify that individual by name.
The most common defense in a false light action
is to claim First Amendment freedom of speech, but the courts are
quite clear about offering no protection for false speech:
"false speech, even political speech, does not
merit constitutional protection if the speaker knows of the
falsehood or recklessly disregards the truth."
"The use of a known lie as a tool is at once at
odds with the premises of democratic government and with the orderly
manner in which economic, social, or political change is to be
effected.
Hence the knowingly false statement and the
false statement made with reckless disregard of the truth, do not
enjoy constitutional protection."
This information shows how it is possible to
implicate oneself in a crime by invading another’s privacy as
defined by the law. Another interesting phenomenon on the Internet
is how some people are making themselves out to be somebody else
altogether.
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