6. The absence of "malice" in the publisher does not afford a defence.

Personal ill-will is not an ingredient of the offence, any more than in

an ordinary case of trespass to person or to property. Such malice is

never necessary to be shown in an action for libel or slander at common

law, except in rebuttal of some defence, _e.g._, that the occasion

rendered the communication privileged, or, under the statutes in this

State and elsewhere, that the statement complained of was true. The

invasion of the privacy that is to be protected is equally complete and

equally injurious, whether the motives by which the speaker or writer

was actuated are, taken by themselves, culpable or not; just as the

damage to character, and to some extent the tendency to provoke a breach

of the peace, is equally the result of defamation without regard to the

motives leading to its publication. Viewed as a wrong to the individual,

this rule is the same pervading the whole law of torts, by which one is

held responsible for his intentional acts, even though they are

committed with no sinister intent; and viewed as a wrong to society, it

is the same principle adopted in a large category of statutory offences.

* * * * *

The remedies for an invasion of the right of privacy are also suggested

by those administered in the law of defamation, and in the law of

literary and artistic property, namely:--

1. An action of tort for damages in all cases.[51] Even in the absence

of special damages, substantial compensation could be allowed for injury

to feelings as in the action of slander and libel.

The Right to Privacy · 第 6 / 8 题