Privacy in the Blogoshpere

Because most people don’t edit themselves when speaking with their friends about another friend, it is natural to blog in the same manner. The difference is that a blog has the potential to be read by millions of people. In the United States each person has aright of privacy. This is essentially the right to control what information is revealed about us to the public. This right of privacy is balanced against the First Amendment rights of freedom of speech and freedom of the press. Thus, if there is a legitimate public interest in our private information, the Constitution will protect the publication of such information.

Private facts involve personal information such as sexual orientation, medical conditions, and romantic partners and experiences. It also includes anything that a reasonable person would want kept private. When you post private information about someone on your blog, you are making it public, which could be a violation of that person’s right to privacy. Private information can be made public only when the public has a legitimate interest in knowing such information. Whether there is a legitimate reason depends on a number of factors including the person you are writing about, and the nature of the information.

For example, if your neighbor found a lost dog and returned it, you would probably not consider that to be private information and it could be considered newsworthy by others. On the other hand, a story about your neighbor’s unfortunate romantic encounter would be deemed private and certainly the public would not have a legitimate interest in such a story.

Celebrities or public figures have a lower expectation of privacy because courts have found that they have put themselves in the public eye. Does this mean that you can post private information about a celebrity that you could not about a private individual? Yes, in some circumstances a story about a celebrity would be considered newsworthy, even though the same story about your neighbor would not.

Related to the right of privacy is the right of publicity. In many states this means that you, in addition to having a right of privacy, also have the right to profit from your own name and likeness. Although there are the same First Amendment defenses as above, you generally can’t use someone’s name or likeness for your own commercial purposes. The First Amendment would protect your use of a celebrity or public figure’s name and likeness in a news report of public interest, but you can still be liable if a court determined that your use was for your own commercial Overall, unless the information you reveal in your blog is generally available to the public, or your neighbors are a public figures, it is wise to refrain from blogging secrets about them.

Disclaimer: The information provided in this article is not legal advice and no attorney-client or confidential relationship has been formed with the reader. This article is for informational purposes only. In addition, as the law is a rapidly changing creature, I cannot represent that everything you read, at the time you read it, will be accurate or up to date. In addition, because I try to distill this information to the minimum number of words, it may not be complete or represent both sides of an issue.

Kimberly Anderson Houser has been an attorney for more than 20 years. Her practice focuses on business, real estate and e-commerce law. She teaches law and communications classes at St. Edward’s University and Concordia University in Austin, Texas. She is the author of the In the Eyes of the Law blog at www.kimberlyhouser.wordpress.com and is currently writing a Legal Internet Guide for Small Businesses and Bloggers.