Tuesday, August 28, 2012

Does Prince Harry have a claim for invasion of privacy?

Some naked photos of the United Kingdom's Prince Harry have been leaked online. There are rumors that there is also video of Prince Harry in the buff quietly being shopped to the highest bidder. These photos and the video were allegedly taken in the privacy of Prince Harry's private hotel suite in Las Vegas, Nevada.

In Montesan v. Donrey Media Group, 668 P.2d 1081 (1983), Nevada reiterated that it has impliedly recognized an action for invasion of privacy. According to the Second Restatement of Torts, § 652D (1977), in order to maintain a cause of action for invasion of privacy it must be proven that a public disclosure of private facts has occurred which would be offensive and objectionble to a person of ordinary sensibilities.

Does Prince Harry have an expectation of privacy in his private hotel room? Did Prince Harry give up his right to privacy when he invited others into his personal hotel suite? Could the person(s) who are allegedly shopping these photos and/or videos be charged with state and/or federal crimes? Does Prince Harry have a civil cause of action against the person(s) who shot the video?

In the criminal case against Dharun Ravi for webcasting a sexual encounter that his roommate had with another person in the privacy of their shared Rutgers University dorm room Ravi was found guilty of invasion of privacy. Since people generally have an expectation of privacy in their dorm rooms and own homes should they also have an expectation of privacy in their hotel suites?

How far should this right extend in the Social Media Age?

To learn more about these issues you may contact me at www.shearlaw.com.

Copyright 2012 by the Law Office of Bradley S. Shear, LLC All rights reserved.