We are independent & ad-supported. We may earn a commission for purchases made through our links.

Advertiser Disclosure

Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.

How We Make Money

We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently from our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.

What is False Light?

By C. Mitchell
Updated May 17, 2024
Our promise to you
WiseGeek is dedicated to creating trustworthy, high-quality content that always prioritizes transparency, integrity, and inclusivity above all else. Our ensure that our content creation and review process includes rigorous fact-checking, evidence-based, and continual updates to ensure accuracy and reliability.

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

Editorial Standards

At WiseGeek, we are committed to creating content that you can trust. Our editorial process is designed to ensure that every piece of content we publish is accurate, reliable, and informative.

Our team of experienced writers and editors follows a strict set of guidelines to ensure the highest quality content. We conduct thorough research, fact-check all information, and rely on credible sources to back up our claims. Our content is reviewed by subject matter experts to ensure accuracy and clarity.

We believe in transparency and maintain editorial independence from our advertisers. Our team does not receive direct compensation from advertisers, allowing us to create unbiased content that prioritizes your interests.

“False light” is one of four invasion-of-privacy claims recognized under tort law in most jurisdictions of the United States. The claim exists to protect people who have been mischaracterized in a publication — that is, people who have been represented to the public in an untrue, or false, light, and are emotionally harmed as a result. The specifics of what is required to set out such a claim vary from state to state, and not all states recognize the claims. False light claims can be difficult to prove even when permitted, often because of their similarity to defamation, a personal injury tort. The breadth of the U.S. Constitution’s First Amendment, which protects free speech, also can be a hindrance to a false light claim’s success.

Along with false light, the privacy family of claims in U.S. tort law includes misappropriation, intrusion on seclusion, and publicity of private facts. States are free to set their own rules for what sorts of tort claims are recognizable, as well as the elements required to successfully set out and prove a tort-based action. The majority of states give statutory recognition to the last three privacy torts but, as of 2010, only about half recognized false light as an independent tort.

The definition of a false light claim and sample language for how a state might codify it is set our in the "Restatement (Second) of Torts", a national treatise that acts as a model law for legislators and academics. Although states word their laws independently, they all use the treatise as a guide. Use of the guide means that, although the contours may differ by state, a false or untrue light claim will universally contain a number of fixed elements.

The first basic requirement is that the alleged mischaracterization be widely publicized, meaning it must be published in such a way that it was likely seen or read by a large number of people. Second, the author or publisher must have known that the publication contained a mischaracterization, or acted with what the law calls a “reckless disregard” for the truth. Finally, the mischaracterization must be objectively offensive.

Parties frequently argue false light in tandem with defamation. Defamation is also a tort that varies in specifics depending on state law, but it is recognized in every U.S. state as a way of protecting against publication or dissemination of untrue facts that damage a person’s reputation. Defamation and false light overlap in many respects: both center on a falsity, for instance, and both involve some kind of injury to the subject of that falsity. There is much dispute among the courts with respect to whether false light can exist independently of defamation, or whether it is merely a narrower, more nuanced version of defamation.

Another challenge claims face is possible conflict with the First Amendment. The First Amendment offers broad protections for individual speech. Allegations that a published piece presents a person in a false or untrue light might not stand up against the author’s First Amendment right to speak freely.

If a court finds that a publication meets the requirements of a false light claim as defined in local law, it will award damages, order an injunction, or both. Damages are generally calculated based on the extent of the harms suffered by the misrepresented person. Most false or untrue light claims center only on emotional damages, and the spectrum of what a court considers to be an appropriate amount for this sort of injury can vary widely.

An injunction is a court order that forbids the publisher from continuing to make the offending work available, which can help stop the flow of harms from the work’s statements or insinuations. Injunction and damages are also the remedies for defamation and other privacy claims. As such, a person who is unsuccessful in proving a false light claim might still have a chance to recover losses and put an end to the damaging content’s reach by succeeding on a different theory.

WiseGeek is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.

Discussion Comments

WiseGeek, in your inbox

Our latest articles, guides, and more, delivered daily.

WiseGeek, in your inbox

Our latest articles, guides, and more, delivered daily.