MBE Rules · Torts
Privacy torts
The rule
Four torts: (1) Intrusion upon seclusion (highly offensive intrusion into private affairs); (2) Public disclosure of private facts (highly offensive, not of public concern); (3) False light (highly offensive publicity placing plaintiff in false light — actual malice for public concern); (4) Appropriation (use of name/likeness for commercial advantage).
In plain English
Privacy torts protect people from unwanted invasions into their private lives, like spying, sharing secrets, spreading lies, or using someone's image without permission.
Worked example
A photographer secretly takes photos of the defendant in their home and sells them online. This intrusion into the defendant's private life could be considered an invasion of privacy.
Memory hook
Privacy Torts: Four Faces of Intrusion. Intrusion, Disclosure, False Light, Appropriation — each with unique privacy breach.
The trap
Students think: All privacy torts require false statements. Wrong, because only False Light involves falsehood. The actual test is specific harm to privacy interest.
How examiners test it
The MBE loves: celebrity's image used in an ad without consent. Question: appropriation? Trap: assuming consent if image is public. Consent is key, not public status.
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