LRB-0947/1
RPN:kjf&jld:jf
2003 - 2004 LEGISLATURE
October 15, 2003 - Introduced by Representatives Schneider, Musser, Hahn,
Gronemus, Owens and
Boyle. Referred to Committee on Judiciary.
AB585,1,2
1An Act to create 895.50 (2) (e) and 895.50 (2m) of the statutes;
relating to:
2expanding the right of privacy.
Analysis by the Legislative Reference Bureau
Under current law, an individual whose privacy is unreasonably invaded is
entitled to equitable relief to restrain the invasion, compensatory damages, and
reasonable attorney fees. An "invasion of privacy" in current law means any of the
following:
1. A highly offensive intrusion upon the privacy of another in a place that a
reasonable person would consider private or in a manner that is actionable for
trespass.
2. The advertising or trade use of the name or picture of a living person without
first receiving that person's permission.
3. The publicity given to the private life of another that is highly offensive if
the person that publicized the private life had acted unreasonably or recklessly as
to whether there was a legitimate public interest in the matter involved or with
actual knowledge that there was no legitimate public interest in the matter
publicized.
4. The capturing of a representation that depicts nudity without the knowledge
and consent of the person who is depicted nude while that person is nude in a
circumstance in which he or she has a reasonable expectation of privacy, making a
reproduction of that representation, or possessing, distributing, or exhibiting that
representation or reproduction.
This bill adds another definition of "invasion of privacy." Under the bill, it is an
invasion of a person's privacy if publicity is given to a matter concerning that person
that places that person in a false light if that false light would be highly offensive to
another person.
Under the bill, if the person placed in the false light is a public person, the
person who publicized the matter is liable for an invasion of the person's privacy if
the publisher had knowledge of the falsity of the matter or acted with reckless
disregard as to the falsity of the matter. If the person placed in the false light is a
private person, the person who publicized the matter is liable for an invasion of the
person's privacy if the publisher did not use reasonable care. Under the bill, the truth
of the publicized matter is a defense to an action for invasion of the person's privacy
if the publisher acted with good motives and for justifiable ends.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB585, s. 1
1Section
1. 895.50 (2) (e) of the statutes is created to read:
AB585,2,42
895.50
(2) (e) Publicity given to a matter concerning another person that places
3the other person before the public in a false light if the false light in which the other
4person was placed would be highly offensive to a reasonable person.
AB585, s. 2
5Section
2. 895.50 (2m) of the statutes is created to read:
AB585,2,66
895.50
(2m) (a) In this subsection:
AB585,2,77
1. "Private person" means a person who is not a public person.
AB585,2,128
2. "Public person" means that the person has general fame or notoriety in the
9community and pervasive involvement in the affairs of society; the person has put
10himself or herself in the public eye with respect to the issues or events reported; or
11the person has deliberately engaged the public's attention to influence the issues or
12events reported.
AB585,2,1513
3. "Publisher" means any person who gives publicity to a matter, including a
14person who communicates the matter in a newspaper or magazine, on radio or
15television, or by electronic means.
AB585,3,3
1(b) If the person who is the subject of the publicity under sub. (2) (e) is a public
2person, the publisher is liable under this section if the publisher had knowledge of
3or acted with reckless disregard as to the falsity of the publicized matter.
AB585,3,64
(c) If the person who is the subject of the publicity under sub. (2) (e) is a private
5person, the publisher is liable under this section if the publisher did not use
6reasonable care.
AB585,3,97
(d) Truth of the publicized matter is an absolute defense to an action for the
8violation of a person's privacy under sub. (2) (e) if the publisher acted with good
9motives and for justifiable ends.
AB585,3,1311
(1)
Right of privacy. The treatment of section 895.50 (2) (e) and (2m) of the
12statutes first applies to publicity given to a matter concerning another person on the
13effective date of this subsection.
