Intentional Torts

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Public Disclosure of Private Facts

Hannah's Holiday Foods Inc. (HHF) operated a slaughterhouse where it killed, butchered and packaged "exotic"
animals, including rabbits and possums. HHF's business was fully licensed and entirely legal. An unknown animal
rights group nevertheless believed that the public would be horrified to learn about the conditions under which
the animals were killed. It therefore sneaked onto the premises one night and installed video surveillance cameras.
The end product was a film showing rabbits in great distress before being slaughtered. That film was then
delivered to a national television station, which announced its intention to broadcast the footage during its nightly
news program.  HHF has now gone to court and asked a judge to grant an injunction prohibiting the broadcast.
HHF alleges that the television station will be committing the tort of public disclosure of private facts should it
broadcast the film.  Please provide a full legal analysis.

Legal Analysis

Facts:
 HHF running a legal business slaughtering animals
 Animal Rights Group (hereinafter "ARG") snuck onto HHF property & took video of slaughtering
animals - delivered film to National TV Station ("TV")
 HHF wanted injunction to stop broadcast by TV - alleging this will be "public disclosure of private
facts" if it is broadcasted

Issue: Is TV committing the tort of public disclosure of private facts by broadcasting the video [Yes/No]?

Law: IF "public disclosure of private facts" THEN:


 Defendant = publicized (or plans to publicize) a matter;
 Matter concerns private life of the Plaintiff;
 Matter =[a] AND [b]
o [a] Highly offensive to a reasonable person; AND
o [b] NOT of legitimate concern to the public.

Analysis: IF TV engaged in "public disclosure of private facts" THEN TV would have


 TV - plans to publicize the video - it announced its intention to publish during its nightly news
program - this requirement has likely been met;
 Matter of slaughtering rabbits concerns the private life of HHF - if this is considered a private
matter - the bar for this will be determined by relevant case law - but given HHF is a private
business and they are engaged in legal activities, we can safely assume that this is a private
matter and this threshold has likely been met;
 Matter = [a] AND [b]
o [a] Yes - because the slaughtering of rabbits would likely be highly offensive to a
reasonable person as this isn't something that most of society in Canada sees or would
be desensitized to.
o [b] Yes - because the slaughtering of rabbits - although if done in an inhumane manner -
would be a concern to the public, given HHF had a license to operate and do this (it was
legal), this threshold has likely been met. A factor here which may lead things in the
opposite direction could be if they were not slaughtering animals according to
regulations or the requirements outlined in their license.

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