Wis JI-Civil 2550

Every person in Wisconsin enjoys a right of privacy. In this case, the plaintiff,

( ), claims that (his) (her) right of privacy was violated by the defendant,

( ), publicizing1 a matter concerning (his) (her) private life, specifically

(describe the alleged publication).

To establish a violation of (his) (her) right to privacy, the (plaintiff) must prove four

separate elements:

1. (Defendant) intentionally2 made a public disclosure of facts regarding (Plaintiff).

This means that (defendant) communicated the facts either to the public at

large or to a sufficient number of people, ensuring that the facts would become

a matter of public knowledge.

Intentionally means that (defendant) must have had the mental purpose to

make the public disclosure.3

2. The facts disclosed were private facts.

“Private facts” refer to information that (plaintiff) would not ordinarily

share with anyone other than (his) (her) family or close friends. This does not

include information that is already available to the public as a matter of public

record.

3. The private matter made public would be highly offensive to a reasonable person

of ordinary sensibilities.

In this regard, you may consider the information disclosed about (plaintiff)

in relation to the customs of the time and place where the disclosure was made,

[(plaintiff)’s occupation], and the habits of neighbors and fellow citizens. This

element is satisfied only if a reasonable person would be seriously aggrieved

by the disclosure.

4. (Defendant) acted either unreasonably or recklessly as to whether there was a

legitimate public interest in the matter or with actual knowledge that none existed.

If you conclude that the disclosure of the facts concerns a matter of

legitimate public concern, then there is no invasion of privacy.

SPECIAL VERDICT

1. Did (defendant) violate (plaintiff)’s right of privacy by ?

Answer: __________

Yes or No