Introduction
Digital privacy has always been important. Internet users employ passwords and other forms of identity security to prevent unauthorized access to their data because of this. But as information becomes more digitalized, digital privacy is still a major worry. Privacy of information is threatened by an immense increase in the number of internet activities thereby risking access by unauthorized people. Infringement of digital privacy leads to a mass mislead in the field of marketing where most people employ the false light and appropriation (Brady, 2019). It is very important to note that the data presented during advertisement or marketing should be given with the consent of the party involved and people should not get mislead.
False Light
False light generally refers to deceiving customers on purpose. The ultimate goal of an advertising firm is to persuade people who misinterpret the message, even if the agency will transmit technically accurate information. Advertising Agency always mislead their consumers through the publication of false information for their own interest. For instance, unlike its fierce competitors, Anheuser-Busch, Bud Light asserts that it utilizes maize syrup to create Miller Lite and Coors Light. Along with invasion, publishing sensitive information, and theft, false light is a major privacy tort. According to Digital Media Law, each state has its own understanding of what constitutes a misleading light and a claim. However, it is often against the law to disseminate offensive and inaccurate information to the public about individuals or businesses.
Examples of False Light
A picture of priest appearing in an article accusing him of involving on child molestation; chosen example illustrate false light in essence that the portrayed person in the case is not the actual priest and therefore mislead the consumers of this information and destroyed the reputation of the priest in question. When a wrong image has been used to ruin reputation of someone without their knowledge is an infringement of the digital privacy. The example explains the concept of false light since a wrong information was given to the consumers intentionally.
Two innocent persons were shown in this photograph by the Boston Marathon Bombers. These weren’t the bombers; they were found in Watertown, Massachusetts, later. The two men displayed on the picture is a misleading information about the people who involved in the bombing of the Boston Marathon. The information was false and the consumers were misled. False light is when someone is portrayed in a way that leaves an unfavorable and erroneous image of them (US Legal, n.d.). This is a criminal law tort that can be utilized in court proceedings to support a claim for reputational harm as seen in the provided examples.
Appropriation
When advertising companies make money directly from using material in their commercials, this is considered appropriation. Lack of consent when using a person’s or company’s image for commercial advantage is typically the deciding factor (Find Law). For instance, the Courier International graphic with the slogan “learn to anticipate” implies that if the buildings’ architects had been aware of the assault, the planes would have avoided them. The advertising highlights the paper’s reporting abilities in this setting (Buchsbaum, 2018). When someone’s data are used in advertisement without their consent, this violates privacy and qualifies as appropriation. News or information that is published in a magazine, book, or newspaper without a commercial motive is not protected by this tort.
Examples
Tom Waits a Singer sued the chip company, Frito Lay after the airing of a radio commercial for SalsaRio Doritos. The commercial was made in style suggestive of one of Wait’s songs. Waits sought to protect his identity as represented in his distinctive voice disconfirm any assumed endorsement of the product. He was awarded over $2 million in damage. The Case of Waits reflects appropriation since the Tom Waits song was used without his consent. There was a contradiction in the release of the commercial advert for Burger king as compared to that of Mr. Rogers. The information given was misleading and it called for an immediate action since it infringed the digital privacy. The commercial burger was released on behalf of the burger king without their consent and therefore misleading their customers.
Precaution to Avoid False Light Advertising
Eliminating false light situations requires authenticating sources and triple-checking data. Before the material is published, the defendants in libel cases must provide all relevant proof for example: when an advertising company want to make advertisement, the person making the advertisement should cross check if the validated content is posted (Find Law). Incase where there is no proof that the advertisement does not violate any privacy, the advertising company should seek clarification from the directly involved party.
Conclusion
When sharing material online, employees of social media platforms and digital platforms should use caution. To avoid future litigation, they should make sure that the website’s language and images are consistent for example: advertising milo beverage using chocolate brand violates the digital privacy of chocolate company. (Digital Media Law). Before exploiting copyrighted content, advertisers should further establish the authorization of individuals and organizations for example getting a proof of valid supporting document authorizing the use of their data in advertisement (Digital Media Law). Last but not least, advertisements must abide with local, state, and federal laws as well as media ethics. They are able to avoid infractions, appropriation torts, and misleading light because of this condition for example: using authorized document for adverts.
References
Brady, M. E. (2019). Property and projection. Harvard Law Review, 133, 1143. Web.
Buchsbaum, W. F. (2018). Harmonizing the tension between the First Amendment and publicity rights and finding the right balance. Intellectual Property and Computer Law Journal, 3, 1. Web.
Reed, C. S. (2022). Digital media law: A practical guide for the media and entertainment industries. Taylor & Francis.
Le Morvan, P. (2018). Information, privacy, and false light. In Core concepts and contemporary issues in privacy (pp. 79-90). Springer.