What is the Law in California for Public Disclosure of Private Facts- California Civil Jury Instruction CACI 1801

California Law

CA Civil Jury Instructions

CACI 1801 - Public Disclosure of Private Facts

As of September 1, 2010

California Civil Jury Instruction CACI 1801

[Name of plaintiff] claims that [name of defendant] violated [his/her]

right to privacy. To establish this claim, [name of plaintiff] must

prove all of the following:

1. That [name of defendant] publicized private information

concerning [name of plaintiff];

2. That a reasonable person in [name of plaintiff]’s position

would consider the publicity highly offensive;

3. That [name of defendant] knew, or acted with reckless

disregard of the fact, that a reasonable person in [name of

plaintiff]’s position would consider the publicity highly

offensive;

4. That the private information was not of legitimate public

concern [or did not have a substantial connection to a

matter of legitimate public concern];

5. That [name of plaintiff] was harmed; and

6. That [name of defendant]’s conduct was a substantial factor

in causing [name of plaintiff]’s harm.

In deciding whether the information was a matter of legitimate

public concern, you should consider, among other factors, the

following:

(a) The social value of the information;

(b) The extent of the intrusion into [name of plaintiff]’s privacy;

[and]

(c) Whether [name of plaintiff] consented to the publicity

explicitly or by voluntarily seeking public attention or a

public office; [and]

(d) [Insert other applicable factor].

[In deciding whether [name of defendant] publicized the

information, you should determine whether it was made public

either by communicating it to the public at large or to so many

people that the information was substantially certain to become

public knowledge.]

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