Privacy of Public Figures
When one relates to the privacy of public figures in our culture, there is still a contentious problem. We might wonder if public figures deserve more support from the public and the media than a non-public figure, but another question arises is that the constitution provides equal treatment for all. The subject gives rise to two main statements that come with legitimate points depending on which side of the case one wishes to use. The two arguments are that public figures should have a more private life than other citizens because they are human beings like others while others can choose to argue that public figures do not deserve more rights to privacy as they signed for public criticism as public figures. It mainly questions the little rights which society’s celebrities have over non-public figures in the community. The opposition position to the argument that public figures deserve more privacy holds stronger case currently, but this argument seems morally right to the society.
Torts Associated with the Right to Privacy
The right of privacy has mainly four torts which come along with it. The main two are an appropriation and taking something from an individual without his or her consent. These two brings a lot of sense when it comes to violating private life of a public figure. However, appropriation of the public figure fame has mainly violated private lives of various celebrities in many ways. Barnett Stephen (1999) argues that the court believes that right to privacy mainly means that a celebrity has a right to get payment for the use of his or her name for a commercial purpose. However, commercial purpose can be defined as a "gain." Using the meaning of the word “gain” will mean that using any kind of celebrity material like a photo without their consent and publishing it or using in any ways translate to be a gain. Thus, it shows that the media has violated celebrities’ right to privacy for long.
The Need for Change in the Law
The law needs change. All citizens deserve a right to privacy. It is a right which should not be jeopardized no matter how famous one is as all of us are ruled under the same constitution. It is illegal to jump over a fence of a neighbor and take a picture through her or his window when he or she is naked. It should also be illegal to use this material for personal gain. In fact, Jennifer Lawrence says that the law should “make it illegal to buy post or shop a photo that’s been obtained illegally. . .” (Solove Daniel, 2014). It is because it’s always driven by the motive for personal gain which violates privacy right of a celebrity.
Challenges with Restricting Publication of Photos
One can argue that restricting a publication of a photo is difficult according to the First Amendment because publication of photos is mainly a protected free speech, but we have federal and state laws dealing with some factors similar to this. Even Solove Daniel (2014), says that “We have federal and state laws restricting secretly recording a person’s conversation with an electronic device, and these laws do not turn on whether a person is in a public or private space”. Thus, it is high time that there is a law which restricts the taking of photos of any individual without their consent more so public figures. Moreover, it is vital to remember that the First Amendment is not absolute as it allows some categories of speech to be regulated so that they cannot cause harm to others (Shackelford Scott, 2014). Thus, violating the privacy of a celebrity is violation of the First Amendment recognizes.
The Need for Change
Therefore, as Solove Daniel says that “a key to being a civilized society is that people aren’t free to enjoy whatever they want when it can cause harm to others” means that change needs to be effected. Every celebrity should be put in a situation where he or she has to choose between career one love and private life. It is same as taking an unauthorized picture and following celebrities even in places they are with their families. It is an evasion of citizen right to privacy, and it is mainly disrespectful.
References
Barnett, Stephen R. (1999). "The right to one's own image: publicity and privacy rights in the United States and Spain." Am. J. Comp. L. 47: 555.
Shackelford, Scott. J. (2014). "Fragile Merchandise: A Comparative Analysis of the Privacy Rights for Public Figures." American Business Law Journal: 125-208.
Solove, Daniel. (November 24th, 2014). Should Celebrities Have Privacy? A Response to Jennifer Lawrence. Retrieved from: https://www.teachprivacy.com/celebrities-privacy-response-jennifer-lawrence/#more-10416
