A Remedy for Online Exposure: Recognizing the Public-Disclosure Tort in North Carolina

Abstract

North Carolina is one of only a few jurisdictions that does not recognize the tort of public disclosure of private facts—a civil remedy that protects against the offensive and unauthorized publication of private information that is not of legitimate public concern. The absence of this tort has created a gap in privacy protection in the state that is increasingly problematic with the rise of revenge porn and other online injuries made possible by the widespread use of the Internet and online social networking sites. This Comment specifically explores how recognition of the tort of public disclosure of private facts in North Carolina would give victims of revenge porn a viable civil remedy and help close the state’s existing privacy gap

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