HiFi, the forum members generally do not answer hypothetical questions here, even though it is not written anywhere in the Terms of Service that we can't, because there are too many variables in a hypothetical. There are too many "what ifs" involved to provide a responsible legal answer to any hypothetical question. The answers to real questions from real situations, on the other hand, will have some natural legal limits due to the specific facts presented. All cases decided by a court are based on these real and specific facts that are particular to each case.
Therefore, Zigner's "it depends" answer to your hypothetical questions is the proper answer.
Given that "it depends" is the best answer to your questions regarding the news gathering conduct of shows like Dateline, I can add that there have been numerous lawsuits brought in the past against various news organizations over their "exposes" (and there are suits currently in the courts and, presumably, there will be similar suits filed in the future). These suits have been brought, and can be brought, based on the laws of trespass, intrusion into seclusion, publication of private facts, eavesdropping, misrepresentation, deceit, fraud, defamation, false light, tortious interference . . . .or any combination thereof. The media are given no special permission to violate laws when gathering information for a story. They must obey laws like everyone else.
The media will often have some affirmative defenses, however, that they can use when defending against a suit. Courts will generally balance the right of the public to know and the newsworthiness of a story covered by the media against the rights of the persons who, or the entities that, are exposed in a story. The media have won some suits, and they have lost others. The decisions made by the courts are all made based on the specific facts presented in each case. The decisions made on all court cases will depend on the facts.
It is often the case that when a person or an entity has committed a crime that affects or could affect the public in a meaningful way (ie. the theft by stores of people's winning lottery ticket dollars), and this crime is exposed on tv, the people (or entities) who were exposed will have no cause of action they could win easily against the media group that exposed their criminal activity. Again, however, any suit filed and any decision made by a court in a suit will be based on all of the facts that are presented that are specific to each individual case.
For hypothetical questions, the best answer will always be "it depends."
