Vague "Private Facts" Standard Chills Journalism

This provision prohibits disclosure of "private facts" using highly subjective standards—information must be "offensive, repulsive, embarrassing or shameful to a reasonable person"—creating legal uncertainty that will chill investigative journalism and whistleblowing. The prohibition extends to "commentary about private facts, opinions about private facts, innuendos and insinuations," capturing analytical journalism and opinion pieces. While a public interest defense exists, speakers must navigate unclear balancing tests and face liability for disclosing "partly private facts which were not necessary"—forcing journalists to self-censor rather than risk administrative proceedings and potential criminal penalties. The provision particularly protects government officials' private facts that might "adversely affect public interest" or "public trust," language broad enough to shield legitimate exposés of official misconduct.