An Appropriate Remedy for the Publication of False Private Information

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Abstract:

It is now possible to claim for misuse of private information even where the private information is untrue. This article traces the recognition of such claims, and attempts to differentiate them from claims for misuse of true private information. The article identifies several difficulties that the recognition of false private information claims has generated due to similarities with the tort of defamation. The article considers how these difficulties may be resolved, and concludes that false private information claims should be removed from the tort of misuse of private information altogether, and addressed instead through either the creation of a free standing false privacy tort, or through a patchwork of existing causes of action.

Document Type: Research Article

DOI: http://dx.doi.org/10.5235/175776312802483907

Publication date: July 1, 2012

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