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CMLawLibraryBlog

The CM Law Library Blog seeks to inform the Cleveland-Marshall College of Law community about key legal education, research, practice, and law library news, with a particular focus on Cuyahoga County and Ohio as well as faculty research interests.

“False Light” Invasion of Privacy Now Recognized in Ohio

Sue Altmeyer, Electronic Services Librarian, sue.altmeyer@law.csuohio.edu | June 08, 2007 - 11:40

The Ohio Supreme Court held that “false light” invasion of privacy is now a cause of action in Ohio. Welling v. Weinfeld , 113 Ohio St.3d 464, 2007-Ohio-2451. Ohio courts previously did not recognize a false light cause of action. False light is one of the four categories of invasion of privacy claims identified in the Restatement of Torts 2nd, Section 652A. The elements of a false light claims are set out in Restatement of Torts 2nd, Section 652E. The elements of the claim are:

  • The actor publicizes a matter concerning another.
  • The publicity puts the other person in a false light before the public.
  • The false light is highly offensive to a reasonable person.
  • The actor had knowledge of or acted in reckless disregard to the falsity of the publicized matter, and the false light in which the other would be placed.

The Welling decision discusses two recent cases from other states, one which rejected a cause of action for false light, and one which allowed the cause of action. The court also distinguishes between defamation and false light invasion of privacy. The court points out situations where a defamation action would fail, but there would be a cause of action for false light. Welling also found that there are adequate First Amendment protections for false light defendants.

The court noted that a false light tort is needed in the Internet age, because anyone can make a matter known to the public.

Also see Court Recognizes "False Light" Invasion of Privacy, Ohio Supreme Court Opinion Summaries:


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