Publication of private facts is one of the four common law invasion of privacy torts (alongside intrusion upon seclusion, false light, and misappropriation). It applies when: private facts about a person are publicly disclosed; the disclosure would be highly offensive to a reasonable person; and the facts are not of legitimate public concern. Intimate images are classic private facts, and their non-consensual distribution is highly offensive without any legitimate public interest justification. This tort provides an additional civil cause of action in NCII cases alongside NCII-specific statutory claims.

Key facts about this term

  1. Confirm the publication was truly public Private facts requires public disclosure, sharing with a large audience or posting online publicly typically satisfies this element.
  2. Establish the highly offensive standard NCII distribution almost always satisfies the 'highly offensive to a reasonable person' standard.
  3. Pursue alongside NCII statutory claims Publication of private facts provides additional damages and legal grounds beyond NCII-specific statutes.

Frequently asked questions

Is publication of private facts different from defamation?

Yes. Defamation requires a false statement of fact. Publication of private facts applies to true private information shared without consent. NCII is real intimate imagery, not false, so publication of private facts is more applicable than defamation in most NCII cases.

Can I file a claim for publication of private facts even if the content was not explicitly sexual?

Yes. Any highly private information (not just intimate imagery) can support a publication of private facts claim. Intimate imagery is one of the clearest applications of the tort.

Related glossary terms