However, just because the public might be interested in scandalous details of a celebrity’s personal life, does not by itself make an item newsworthy. It can be difficult to define exactly what is newsworthy, which is often described as that which is of legitimate public concern. Here, Hogan publicly disclosed to radio jock Howard Stern that he slept with his friend’s wife with the blessing of her husband although he claimed that he was not aware that his activities were being filmed by security cameras in the home. These involuntary public figures are treated the same as those who have sought publicity. However, some individuals who have not sought publicity or consented to it have through their own conduct, such as committing a crime, become a legitimate subject of public interest. Hogan is a celebrity, and courts have found that celebrities by thrusting themselves into the limelight have less of a right to privacy than those who closely guard their privacy. While Gawker often deals in salacious news and gossip, it has the same First Amendment rights as more esteemed publications like the New York Times. The Hulk Hogan case was a clash between Gawker’s free speech rights under the First Amendment and Hogan’s right to maintain his privacy. However, the term “newsworthy” is an imprecise term of art that the courts have struggled to define. Just a few weeks ago, a jury awarded Fox Sports broadcaster Erin Andrews $55 million in damages against a voyeur and the operators of a Nashville Marriott when the hotel let a stalker book a room next door to her, which he used to surreptitiously videotape her in the nude and then uploaded the clip to the Internet. In other words, the publication is offensive and not newsworthy.Ĭlearly, most people would find the unauthorized publication of a private sex tape to be highly offensive. Gawker Media is an online media publisher with 64 million monthly US readers.Ĭourts have found that a person who publicizes a matter concerning the private life of another can be liable for invasion of privacy if the matter is of a kind that would be highly offensive to a reasonable person, and is not of legitimate concern to the public. Hulk Hogan is a well-known professional wrestler and celebrity. This issue was recently illustrated when a Florida jury awarded Hulk Hogan $140 million in damages for invasion of his privacy after Gawker Media published a tape that was almost two minutes in length of him having sex with the wife of a friend. Journalists and filmmakers often wonder how much they can reveal without infringing a subject’s right of privacy. Consequently, it is not always evident which of these rights prevails when they come in conflict. However, the Bill of Rights also protects the right to free speech under the First Amendment. In short, it is the right to be left alone. The right of privacy has been defined as the right to live one’s life in seclusion, without being subjected to unwarranted and undesired publicity. While the United States Constitution does not contain a single mention of a right to privacy, the United States Supreme Court has held that such a right is implicit in the Constitution and Bill of Rights. Hulk Hogan’s Right of Privacy and the Implications for Filmmakers
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