PJC Business 2024

D EFAMATION , B USINESS D ISPARAGEMENT & I NVASION OF P RIVACY PJC 110.17

1. the publication of which would be highly offensive to a reasonable person, and 2. that was not of legitimate public concern? “Matter.” The court may include the following limiting instruction, if needed: When answering this question, you may consider only the follow ing matter[ s ]: [ describe information at issue ]. Such a limiting instruction may be necessary, for example, if both actionable and non actionable material are included in the publication. Source of instruction. The question is taken from the elements identified in Industrial Foundation of the South v. Industrial Accident Board , 540 S.W.2d 668, 682 (Tex. 1976): It is generally recognized, however, that an injured party, in order to recover for public disclosure of private facts about himself, must show (1) that publicity was given to matters concerning his private life, (2) the publi cation of which would be highly offensive to a reasonable person of ordi nary sensibilities, and (3) that the matter publicized is not of legitimate public concern. See also Star-Telegram, Inc. , 915 S.W.2d at 474. The definition of “publicize” comes from Industrial Foundation of the South , 540 S.W.2d at 683–84 (“‘Publicity’ requires communication to more than a small group of persons; the matter must be communi cated to the public at large, such that the matter becomes one of public knowledge.”).

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