![]() This statutory claim requires: (1) the disclosure of oral communications (2) in which the plaintiff had a reasonable expectation of privacy (3) by one who knows or has reason to know that the communications were recorded without plaintiff’s knowledge or consent. ![]() Extreme and outrageous conduct is behavior which, under the circumstances, goes well beyond all possible bounds of decency and is regarded as shocking, atrocious, and utterly intolerable in a civilized community. This claim consists of: (1) extreme and outrageous conduct by the defendant (2) that causes severe emotional distress and (3) was engaged in either with an intent to cause severe emotional distress or a reckless disregard of the high probability that it would cause severe emotional distress. Intentional Infliction of Emotional Distress Because of this claim, there was a lot of discussion about whether Bollea knew about videotaping.įinally, there was a claim for invasion of privacy based on misappropriation of the right of publicity which requires: (1) the unauthorized use of the plaintiff’s name or likeness (2) for a commercial or advertising gain. The final element is why there was a lot of discussion about the “newsworthiness” of the video and the effort by Bollea to distinguish between his real self and the character that he plays as Hulk Hogan.īollea also sued for invasion of privacy based on intrusion upon seclusion which requires: (1) the wrongful intrusion through physical or electronic means (2) into a place in which Bollea had a reasonable expectation of privacy (3) in such a manner as to outrage or cause mental suffering, shame or humiliation to a person of ordinary sensibilities. The first claim was for invasion of privacy based upon the publication of private facts which requires: (1) the publication of truthful private information (2) that a reasonable person would find highly offensive and (3) that does not relate to a matter of legitimate public concern. Gawker denied the allegations and contend their actions were protected by the First Amendment.Ī number of acts can constitute an invasion of privacy. The lengthy jury instructions indicate Bollea sued for (1) invasion of privacy (2) violation of his right of publicity (3) intentional infliction of emotional distress and (4) a violation of Florida’s Security of Communications Act. Gawker decided to publish the video in 2012 and had it on its site for six months. Other news outlets reported the existence of the tape. To recap, Gawker allegedly received the video from an anonymous source. Rather than focus on the lurid details (which you can Google), let’s look at the law that led to the two-week trial. A few days ago, a jury in Florida awarded Hulk Hogan (real name Terry Bollea) $140 million because Gawker posted a leaked sex video of the former wrestler.
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