[NSFW] Is this invasion of privacy with a sex tape? [Details within]?
Names have been changed to protect the unwise
”Darius” always wondered what it was like when he had anal sex with his g/f “Sheila”, so they got a strap-on and lubed him up good and went at it. Darius discovered the sensation was not all that bad and something to explore further. They loved capturing the action with a digital movie camera so they captured at least 2 sessions with her buggering him (and the light was said to be good and the camera a quality one so no mistaking who was in it). So, many months later he breaks up with Sheila and soon surfaces with another girl, ”Meg”. Sheila is furious. She told Darius to dump Meg and come back to her of she would let the tape loose on the Internet after getting a copy to Meg. Darius calls her bluff and she manages to slip a copy to Meg and then posted it to several amateur porn Websites. Can he sue? Even though he was a willing participant in the creation of the video he did not sigh on to having it plastered on adult sites. Since she had custody of it was she free to do with it as she pleased? Her slipping a copy to Meg against Darius’ wishes was that also a violation of his privacy and could he sue Sheila for that; emotional pain and suffering because she sabotaged his new relationship? Or is it a case of caveat emptor, be more careful what you put on video and who ends up with it?
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5 Answers
I think what happened literally to Darius on the video is now happening to him figuratively, and he has no recourse. Don’t be filmed doing something you aren’t willing to have the whole world see.
When will people learn nothing is sacred. According to:
United States privacy law embodies several different legal concepts. One is the invasion of privacy, a tort based in common law allowing an aggrieved party to bring a lawsuit against an individual who unlawfully intrudes into his or her private affairs, discloses his or her private information, publicizes him or her in a false light, or appropriates his or her name for personal gain. Public figures have less privacy, and this is an evolving area of law as it relates to the media.
The essence of the law derives from a right to privacy, defined broadly as “the right to be let alone.” It usually excludes personal matters or activities which may reasonably be of public interest, like those of celebrities or participants in newsworthy events. Invasion of the right to privacy can be the basis for a lawsuit for damages against the person or entity violating the right. These include the Fourth Amendment right to be free of unwarranted search or seizure, the First Amendment right to free assembly, and the Fourteenth Amendment due process right, recognized by the Supreme Court as protecting a general right to privacy within family, marriage, motherhood, procreation, and child rearing. Source
IMHO Darius has be royally screwed.
Don’t put it on tape butthead.
If so, Sheila could countersue for sheer stupidity.
1. He made a tape!!!!!
2. He did not control the whereabouts of the tape.
3. He got what he deserved.
He made the tape and is an idiot for having done so and leaving it in such a precarious place that she could still have access to it.
That said I’m fairly certain there is some legal ground to stand on and press charges. Famous stars do it quite often (see Erin Andrews and I think Paris Hilton). Even though he made the tape willingly he didn’t intend for it to go beyond the two of them. At the very least he is able to demand the sites that have it posted take it down since he’s in it and obviously hasn’t given his permission. Unfortunately to that end it will probably spread like wildfire anyways, and I doubt it would ever be expunged entirely.
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