In the privacy tort of false light, which element is required?

• A. Publication of a true statement about the plaintiff
• B. Widespread dissemination of a false statement about the plaintiff
• C. Proof of actual malice in all cases
• D. Necessity of a contractual relationship

Answer: (B)

False light actions hinge on presenting someone to the public in a false, misleading way. The essential element is that the defendant published information about the plaintiff to a broad audience in a way that is false or would create a false impression in the minds of those who see it. The scale of publication matters—mere remarks told to a few people aren’t enough, while wide dissemination that portrays the plaintiff inaccurately gives rise to liability. That’s why widely disseminating a false portrayal is the correct element. Publishing a true statement wouldn’t trigger false light, and requiring actual malice in every case is too broad (malice may be needed when the plaintiff is a public figure or matter of public concern, but not in all situations). A contractual relationship is irrelevant to false light.