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A plaintiff must establish four elements to hold someone liable for publication of private facts: 1.

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In most states, you can be sued for publishing private facts about another person, even if those facts are true.

The term "private facts" refers to information about someone's personal life that has not previously been revealed to the public, that is not of legitimate public concern, and the publication of which would be offensive to a reasonable person.

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Another way of saying this is that the defendant must "give publicity" to the fact or facts in question. Private Fact: The fact or facts disclosed must be private, and not generally known. Offensive to a Reasonable Person: Publication of the private facts in question must be offensive to a reasonable person of ordinary sensibilities. Not Newsworthy: The facts disclosed must not be newsworthy.

Stated differently, the facts disclosed must not be a matter of legitimate public concern.

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