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| 4 dimensions (of privacy tort) |
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Definition
| Intrusion, Public disclosure of private facts, False light, Misappropriation |
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| Using tech., etc. to get more info. than generally appropriate/acceptable (camera lens to zoom closer) |
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| Public disclosure of private facts |
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| Example: Publishing something you hear at dinner |
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| Using someone's image improperly without their permission |
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| Informational harms (identity theft), informational inequaity (gov't data collection), informational injustice, encroachment on moral authority |
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| Legal term association w/ open-record and open-meeting laws; data collected; what goes on b/w public officials |
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| Mill's "marketplace of ideas" concept; information should be accessible; unrestricted flow of information allows consumers to select the best course of action; assists media professionals in watchdog & advocacy rules |
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| Human curiosity; least defensibly (legally & ethically) |
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| Photojournalism - exercising judgment (Bryant's checklist) |
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Definition
Should this moment be made public?
Will being photographed send subjects into further trauma?
Am I at the least obtrusive distance?
Am I acting w/ compassion & sensitivity? |
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| Problem with selective editing |
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| Physical & emotional spaces that people have a right to control (body, body's covering, personal possessions, information preserve, facts about selves, bio. details) |
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| More subjective; light, setting, subject can be manipulated |
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| Argued photos & newspaper enterprises intruded on private and domestic life; proposed a law of privacy built on common law - updated by Prosser |
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| Brandeis defined "the right to be left alone" as "the most comprehensive of rights, and the right most valued by civilized men" |
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| "Without some degree of privacy, civilized life would be impossible." |
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| Means of protection, control, limiting public access to private info. |
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| Community benefits from individual's privacy; community (incl. media) has shared responsibility to keep private things private |
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| "No one shall be subjected to arbitrary interference w/ his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks." |
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| Blocking info. intentionally to prevent others from learning, possessing, using or revealing it |
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Term
| Hodges' Circle of Intimacy |
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Definition
| You --> spouse/partner/really good friend (+1 other) --> close friends --> casual acquaintances --> public |
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| John Rawls. Before a community can make an ethical decision, it must consider options behind veil; everyone starts out in an "original position" as equals. Later, he defined the "original position" as one where each member of the community making the decision is not aware of his or her status or lack thereof, financial/physical assets, potential. |
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| Social contract theory; distributive justice: justice = fairness; Individual liberty maximized, everyone begins on equal footing; weaker parties protected; consensus not required, may not be expected |
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| Can the ends justify the means? (Bovee's checklist) |
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Definition
Are the means truly morally evil or merely distasteful/unpopular?
Is the end truly good or something that simply appears to be good?
Is it probable that the means will achieve the end?
Is the same good outcome possible using other means? Bad shortcut to good end?
Good end > evil means?
Will means withstand test of publicity? |
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| Facts, Values, Principles, Loyalties |
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| use of stock photos of file footage to illustrate news stories, photos used regardless of the context of the original photograph and sometimes without consent of the subject |
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| "For we do not first see and then define, we define and then see." |
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| "Philosophers, whose function is inquiry into the good (ethics), the true (espitemology), and the beautful (aesthetics) have been far more successful and helpful in uncovering standards for the true and the good than for the beautiful." |
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Term
| 3 needs served by privacy |
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Definition
- Develop sense of self
- Shield against power of state
- Shield against external forces that collect large amounts of data
"a necessary component of a democracy" (P&W) |
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| Philosophical. Pertains to info. that allows citizens to go about lives, make key decisions. Linked to tenacity and responsibility. |
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| Golden mean; virtue lies b/w extremes; emphasizes actor |
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| Categorical imperative; choice could be univ. law; treat humanity as an end, never as merely means; emphasizes action |
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| Utility principle; act's rightness determined by contribution to desirable end; emphasizes outcome |
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| 1. Consult conscience. 2. Consult experts. 3. Conduct discussion. |
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