California toughens paparazzi laws
Governor Schwarzenegger signed AB 381 into law on September 30th, which increases civil liability for "assault committed with the intent to capture any type of visual image, sound recording, or other physical impression of the plaintiff".
Under the new law, the perpetrator of a paparazzi assault may be liable for up to three times the amount of general and special damages proximately caused by that violation, punitive damages, and disgorgement to the plaintiff of any proceeds or other consideration as a result of the violation. The new law also provides that a person who directs, solicits, actually induces, or actually causes another person to commit an assault of this nature can be liable for similar damages.
The bill expands Section 1708.8 of the Civil Code, which already protects against physical invasion of privacy where a trespass occurs, as well as constructive invasion of privacy, where no trespass occurs but an audio or video enhancing device is used to violate a reasonable expectation of privacy.
According to the author of the bill, Assemblywoman Cindy Montanez (D-San Fernando), as quoted in the Assembly legislative analysis:
"This trend is best personified in the vehicular assault committed by paparazzi against Lindsay Lohan as she drove her car in downtown Los Angeles. Press reports of the incident reveal the danger of the situation. The young actress sped away from the pursuit of the paparazzi, only to come to a dead end. When she made a U-turn in order to escape the parade of paparazzi, one of their number crashed his car into hers, causing her to come to a stop. The incident was captured on film by the rest of the [paparazzi], and pictures of the incident were soon published in many different publications."
"While these rare instances may produce criminal charges due to the egregious nature of the assault, many others go unpunished due to the difficulty of proving criminal assault. And, the financial rewards of the "right" celebrity photo can be an incentive for the [paparazzi] to continue to push this trend. According to CBS [Channel] 4, an online news report, such photos may sell from $6,000 to $100,000. Recent pictures of Brad Pitt and Angelina Jolie are said to have reaped the photographer $500,000."
Cathy Kirkman is a partner at Wilson Sonsini Goodrich & Rosati in Palo Alto, California. Her practice focuses on intellectual