Photographers' Guide to Privacy

Arkansas

The Arkanas Supreme Court has recognized intrusion, false light, and misappropriation. There is little Supreme Court case law analyzing the private facts tort, but it appears as though that cause of action would be recognized as well.

Intrusion: A federal trial court has upheld a subpoena seeking a television stations outtakes in a privacy suit, implying that a woman whose surgery was filmed without her consent had grounds to sue for invasion of privacy. Williams v. American Broadcasting Co., 96 F.R.D. 658 (W.D. Ark. 1983).

False light: Publishing a photograph of an elderly woman was actionable when the photograph was used to illustrate a story that falsely stated she quit her job as a newspaper carrier because an affair had left her pregnant. Peoples Bank & Trust Co. v. Globe Intl Publishing Inc., 978 F.2d 1065 (8th Cir. 1992), cert. denied, 114 S.Ct. 343 (1993).


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