Our West Palm Beach Attorney Blog

Hollywood’s privacy invaded – What does a West Palm Beach entertainment lawyer have to say?

Griffiths & Smitherman, P.L.

What does a West Palm Beach entertainment lawyer know about Hollywood Celebrities and invasion of privacy?

When word spread that the iCloud accounts of several female celebrities were allegedly hacked and nude photos from their private cell phone caches were leaked online, it seemed as though everyone with an electronic device shared their personal opinion on who should shoulder blame for the leak. Some wanted to blame the victims for taking such photos in the first place or the alleged hacker(s) for allegedly stealing and disseminating the photos to online outlets?

Some also blamed our celebrity-obsessed consumer culture which perpetuates the demand for such photos. However, no matter one’s personal opinions on the matter, according to the law, the blame for the leak rests squarely with the person(s) who allegedly hacked the private accounts of these celebrities.

Our West Palm Beach entertainment lawyer explains further…

It is not illegal to take and cache nude photographs of yourself and/or other consenting adults for your own private use. However, it is illegal under Federal law (The Computer Fraud and Abuse Act) to intentionally access or change password protected information without permission (including logging into someone else’s email or social networking accounts), to access or change information held in a computer without permission in order to commit a serious crime (including logging into someone else’s email or social networking accounts to impersonate them or steal information or something else), and to create or use profiles on social networking sites under a false name or using another person’s identity.

In addition to criminal sanctions, the alleged hacker could be held civilly liable for invading the privacy of the victims. Invasion of Privacy occurs where one has a reasonable expectation of privacy and there is an unauthorized intrusion upon this expectation of privacy.

Our West Palm Beach lawyers – the best West Palm Beach entertainment lawyers – share the four different types of “invasion of privacy”:

1.) Intrusion of Solitude– this occurs where someone intentionally intrudes upon the private affairs of another. It includes both the physical and electronic intrusion upon the private space, solitude, private affairs, or seclusion of another person. It’s the act of invading itself, not the act of publishing the information obtained by the invasion, which gives rise to the tort. Hacking into someone’s accounts, as in this recent celebrity hacking case, would fall into this category.

2.) Appropriation of Name and Likeness– this occurs when a person uses the name or likeness of another person for the violator’s personal benefit or for commercial exploitation or profit.

3.) Public Disclosure of Private Facts– this occurs when someone reveals private facts and information about someone which is not of public concern and which would offend a reasonable person.

4.) False light– this is the act of disseminating misleading information about a non-public person which puts that person in a false light (leaves a negative impression of the person) to the public.

One whose privacy has been invaded is entitled to recover damages for the injury to their interest in privacy resulting from the invasion, mental distress, and actual damages caused by the invasion.