20-201.
It is the intention of the Legislature to provide
a right of privacy and give to any natural person
a legal remedy in the event of violation of the right.
20-202.
Any person, firm, or corporation that exploits a natural
person, name, picture, portrait, or personality for
advertising or commercial purposes shall be liable
for invasion of privacy. The provisions of this section
shall not apply to:
(1) The publication, printing, display, or use of
the name or likeness of any person in any printed,
broadcast, telecast, or other news medium or publication
as part of any bona fide news report or presentation
or noncommercial advertisement having a current or
historical public interest and when such name or likeness
is not used for commercial advertising purposes;
(2) The use of such name, portrait, photograph, or
other likeness in connection with the resale or other
distribution of literary, musical, or artistic productions
or other distribution of literary, musical, or artistic
productions or other articles of merchandise or property
when such person has consented to the use of his or
her name, portrait, photograph, or likeness on or
in connection with the initial sale or distribution
thereof so long as such use does not differ materially
in kind, extent, or duration from that authorized
by the consent as fairly construed; or
(3) Any photograph of a person solely as a member
of the public when such person is not named or otherwise
identified in or in connection with the use of such
photograph.
20-203.
Any person, firm, or corporation that trespasses or
intrudes upon any natural person in his or her place
of solitude or seclusion, if the intrusion would be
highly offensive to a reasonable person, shall be
liable for invasion of privacy.
20-204.
Any person, firm, or corporation which gives publicity
to a matter concerning a natural person that places
that person before the public in a false light is
subject to liability for invasion of privacy, if:
(1) The false light in which the other was placed
would be highly offensive to a reasonable person;
and
(2) The actor had knowledge of or acted in reckless
disregard as to the falsity of the publicized matter
and the false light in which the other would be placed.
20-205.
Any publication or nonintrusion otherwise actionable
under section 20-202, 20-203, or 20-204 shall be justified
and not actionable under sections 20-201 to 20-211
and 25-840.01 if the subject of such publication or
intrusion expressly or by implication consents to
the publicity or intrusion so long as such publication
or intrusion does not differ materially in kind, extent,
or duration from that implicitly or expressly authorized
by the consent as fairly construed. If such person
is a minor, such consent may be given by a parent
or guardian. If the subject of the alleged invasion
of privacy is deceased, such consent may be given
by the surviving spouse, if any, or by the personal
representative.
20-206.
In addition, the statutory right of privacy shall
be subject to the following defenses and privileges:
(1) All applicable federal and Nebraska statutory
and constitutional defenses;
(2) As to communications alleged to constitute an
invasion of privacy, the defense that the communication
was made under circumstances that would give rise
to an applicable qualified or absolute privilege according
to the law of defamation; and
(3) All applicable, qualified, and absolute privileges
and defenses in the common law of privacy in this
state and other states.
20-207.
The action for invasion of privacy shall be personal
to the subject of the invasion and shall in no case
be assignable.
20-208.
The right of action for invasion of privacy with the
single exception of the action arising out of exploitation
of a person’s name or likeness shall not be deemed
to survive the death of the subject of any such invasion
of privacy.
20-209.
No person shall have more than one cause of action
for damages for libel or slander or invasion of privacy
or any other tort founded upon any single publication,
exhibition, or utterance, such as any one issue of
a newspaper or book or magazine or any one presentation
to an audience or any one broadcast over radio or
television or any one exhibition of a motion picture.
Recovery in any action shall include all damages for
any such tort suffered by the plaintiff in all jurisdiction.
20-210.
A judgment in any jurisdiction for or against the
plaintiff upon the substantive merits of any action
for damages founded upon a single publication, exhibition,
or utterance shall bar any other action for damages
by the same plaintiff against the same defendant founded
upon the same publication,exhibition, or utterance.
20-211.
Any action for invasion of privacy must be brought
within one year of the date the cause of action arose.