PJC Business 2024

PJC 110.17

D EFAMATION , B USINESS D ISPARAGEMENT & I NVASION OF P RIVACY

PJC 110.17 Question and Instruction on Publication of Private Facts QUESTION ______ Did Don Davis publicize a matter concerning Paul Payne ’s private life, the publication of which would be highly offensive to a reasonable person? “Publicize” means to communicate the information to more than a small group of persons so that the matter is communicated to the public at large, such that the matter becomes one of public knowledge. Answer “Yes” or “No.” Answer: _______________ COMMENT When to use. PJC 110.17 submits the liability issue for invasion of privacy by public disclosure of private facts after a court has determined that the information dis closed was not of legitimate concern to the public. Legitimate public concern. If a matter is of legitimate concern to the public, there is no claim for a public disclosure tort. Whether the matters disclosed were of no legitimate public concern is most often a legal issue. See, e.g., Star-Telegram, Inc. v. Doe , 915 S.W.2d 471, 474–75 (Tex. 1995) (upholding defense summary judgment that newspaper’s coverage of police report that allegedly identified rape victim was report on matter of legitimate public concern and therefore not actionable). “The determina tion whether a given matter is one of legitimate public concern must be made in the factual context of each particular case, considering the nature of the information and the public’s legitimate interest in its disclosure.” Star-Telegram, Inc. , 915 S.W.2d at 474; see also Anonsen v. Donahue , 857 S.W.2d 700, 704 (Tex. App.—Houston [1st Dist.] 1993, writ denied) (recognizing that “newsworthiness” is often question of law but acknowledging cases where possible fact questions might arise when private facts about plaintiff are unrelated to general topics clearly of legitimate public concern). Resolution of this issue in favor of the defense would mean that an essential element of the plaintiff’s claim was negated, and the issue would not be submitted. Similarly, if the court rules that, as a matter of law, the matters disclosed were not of legitimate concern to the public, then the question is limited to the submission of the first two ele ments. In the rare circumstance in which the court determines that the issue of legiti mate concern to the public should be submitted to the jury, the question should be rephrased as follows: Did Don Davis publicize a matter concerning Paul Payne ’s private life—

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