Public Disclosure of Private Facts
Public disclosure of private facts is a privacy tort for publicizing truthful but highly private information that is not of legitimate public concern and would be highly offensive to a reasonable person.
Truth is not a defense to this tort, which distinguishes it sharply from defamation. The harm is the invasion of privacy in disclosing genuinely private matters, such as medical conditions or sexual history, not the falsity of any statement.
The tort is in constant tension with First Amendment protection for publishing truthful, lawfully obtained information on matters of public concern. Courts often require the plaintiff to show the disclosed matter isn't newsworthy, which can be a difficult and highly fact-specific showing.
Juricratic models the newsworthiness determination as a defense-strength dial in the branch tree, letting a user see how the claim's projected viability shifts between a scenario where the disclosed fact is treated as a legitimate matter of public concern versus one where it is not.
How it actually shows up
Counsel for an individual whose private medical records were published without consent evaluates a public-disclosure claim, anticipating the publisher's newsworthiness defense.
- Is truth a defense to this tort?
- No, truth is not a defense because the harm is disclosure of private facts, not falsity.
- What is the newsworthiness defense?
- A defense that the disclosed matter is a legitimate subject of public concern, which can defeat liability.
- Does this tort apply to information already publicly available?
- Generally no; if the information was already public, disclosure claims are weaker or unavailable.
This page is an educational explainer, not legal advice, and creates no attorney–client relationship. Juricratic is a simulation engine: every probability-like figure is a dial you set, not a calibrated prediction. Verify every rule, deadline, and figure against the authorities and orders that govern your matter.
Turn the concept into a modeled matter.
Juricratic makes every one of these ideas a live dial: model your case as a solvable game, then watch the optimal line and the settlement window move as the assumptions do.
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