The Smithtown News may have to be on the lookout for some nasty little legal documents after last Thursday’s edition. The back cover of the Smithtown News’ September 3rd, 2015 paper was a political advertisement for Lisa Inzerillo, featuring Smithtown Councilwoman Lynne Nowick and 2016 Presidential Candidate; Carly Fiorina. While the advertisement is not an endorsement, a marketing consultant agrees, that it’s meant to look like one, from first glance. This is a similar concept to advertorials, often used by marketing and advertising professionals, which read like an editorial review, despite being paid for. Endorsement or not, a potential problem arises when the newspaper knew of the Misappropriation of Likeness used in the ad, but printed it anyway.
The Issue: Councilwoman Nowick and Carly Fiorina had no prior knowledge nor consent granted for the use of their likenesses.
The Problem: In an article published in the very same paper, Councilwoman Nowick expresses her frustrations and states she was bothered by the use of her photo in an election she wants to remain neutral in.
The Verdict: The Smithtown News knowingly published a paid advertisement which unlawfully uses the names and likenesses of two individuals who gave no prior consent.
The Law:
While the law supports journalists/newspapers under the first Amendment, a media publication can still be held liable if it knowingly publishes a persons name, photograph or likeness in an advertisement or a promotion without the persons permission. For example; Smithtown News reporter, David “Hail Vecchio” Ambro, has printed his Anti-Creighton opinion all Summer using false statements. Yet he is protected by the Constitution, no matter the outcome from the lies which he states/prints as facts. However, when it comes to advertisements, the newspaper has an obligation to reject questionable content, including misappropriation of a name or likeness.
On a positive note; we have to give street cred to the new reporter at the paper. Seth Wallach actually covered Councilwoman Nowick’s contempt for seeing her photo and credentials on the campaign mailer and got it printed. Of course, it got buried in the back of the paper, after legal notices and just before sports… but we know that wasn’t his fault. We Salute you in your quest for the full story, Mr. Wallach!