Legal Question in Personal Injury in California
Image and voice without my permission on KCBS news
KCBS News ran a Special Assignment report about Parking Meters on 5-23-99 during the 11pm news and again on 5-24-99 on the noon report. My image and voice was featured without my permission. My identity as a Parking Meter Repair Technician (PMT) employed by the City of LA was broadcast. I was presented professionally and personally as a lax and lazy employee.
I was helping a citizen, and I was unaware that KCBS news was using a hidden camera and filming my conversation for broadcast. During the broadcast I was presented as an employee who had taken 3 wks to repair a broken meter. At this time, I had just returned to work after a 6 wks leave for the birth of my first child. Another technician was assigned to cover my Route.
I am seriously worried about the consequences of this repeated telecast on my reputation and character both at work and in the community. My work as a PMT has been implied to be a contributing cause of the broken meter problem. Other causes such as rampant vandalism were not explored at all.
I feel strongly that KCBS news should publicly apologize for this insensitive and inaccurate portrayal of my work attitude. Please advise me on how I can legally restore my good name and reputation.
Thank You.
2 Answers from Attorneys
Re: Image and voice on KCBS news
Ordinarily, pictures and recordings made in public places can be published without the subject's permission, so you will have a difficult time arguing that the footage should not have been shown. If the station was reckless or intentionally false in its factual assertions, you may have a decent case for defamation.
(There is a lot more detail about defamation that I could explain here, but I am pressed for time at the moment. I have previously posted several lengthy discussions on the subject, and you can find those by searching this site for answers I have submitted.)
Whether you have a case for defamation is hard to tell without seeing the broadcast. Do you have a copy? If not, did you see it, or do you at least know somebody who can say what the broadcast contained?
Please feel free to contact me about this if you like.
Re: Image/voice without permission
I agree with Mr. Hoffman. However, as a City employee, has anything happened to you.. like have you been disciplined?
How has this broadcast affected your job? Not only do you need to show recklessness, you must have
some form of measurable damages.. like medical bills..
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