In addition to defamation, some (but not all) states permit a person to bring a claim based on false light invasion of privacy, which occurs when information is published about a person which, while not necessarily false, gives an inaccurate portrayal of the person, is highly offensive to a reasonable person, and is published with knowledge or in reckless disregard of whether the information is false or would place the person in a false light.

The publication need not rise to the level of defamation or, indeed, even be false or damage one’s reputation to be actionable as false light. For example, legendary pitcher Warren Spahn alleged he was held in a false light when he was inaccurately portrayed as a war hero, although the characterization did not harm his reputation.

False light claims have been made in cases in which an author embellishes otherwise true facts by adding false material (such as the Warren Spahn case discussed above), distorts facts (e.g., by using a photo of teenagers preparing for a prom in connection with an article on drug use and promiscuity at proms, creating a false impression that these teens engage in such behavior even if that is not stated; or using a photo of a doctor to illustrate a story on medical malpractice) or fictionalizes actual people (uses real people in works of fiction).

Even the arrangement of otherwise true facts in a misleading manner can give rise to a false light claim. In one instance, an article about political influence elaborated about how the former chairman of one company wielding such influence had “shot and killed” his wife on a hunting trip just two days after filing for divorce, before stating that officials determined that the shooting was a hunting accident. While all of the facts were true, the court found that the arrangement of the facts suggested that that he got away with the killing because of his influence–that is, it held him in a false light.