Legal Type question on Nude Cell Pic

[mxtaco48]

So I have a pic of my ex giving me a BJ. She was fucking my ex-best friend and I didnt find out til recently. So I guess to get back at her, when I would go out I would show people that pic. I even sent it to a girl he used to fuck. anyways, she found out I was showing and got pissed and is threatening legal action. Am liable in civil court for anything?

Thanks for any help....fucking sluts

 

[Mr.SUST]

pic?post it....

 

[AASynergist]

pic?post it....

The guy is asking for advice and all you want to do is perv. Yeah can we see the pic.

 

[Mr.SUST]

<<<<<big fuckin perv....now post that pic.

 

[StoneColdNTO]

In order to offer expertise legal advice, we need to see the pic.

 

[Mr.SUST]

^bump

 

[mxtaco48]

I would BUT then I know for a fact I could held liable....since putting a picture on the internet is "publishing"

 

[RUGERJITSU]

nope, it's not publishing...show the pic, and you'll get your answer.

 

[Mr.SUST]

dood, if it's your x there is no reason to still be scared of her...post the pic

 

[grafixLSUalum]

if she ever took it to court i would destroy the phone and say prove it

 

[mxtaco48]

i think proof is in the witnesses

 

[Strega]

Liable for what? If it is a photo of her and whomever and it is whithout a doubt "her" how can it be liable?

Let me put it this way... Do you think poperazzi can be held liable for the photos that they publish?

Nope.

The only way you can be held liable for a photo is if you show a photo that can be totally misconstrued or misinterpreted and that is the intent of the photo.

Now show us the pics!

 

[lottalead]

fuck this shit --girls can be evil so get rid of it--
but show all the pervs first--------i won't look

 

[Douce]

You have no worries man! Its a picture of you and her and at the time she let you take the picture, its not like you forced it (I dont think lol) so at the very most you delete the pic and say prove it. If it ever did get that far man get everyone you sent it to to delete the pic from their phones to and your in the clear. Good luck, ex-gf's are crazy

 

[big12]

I don't think it's as easy as some of the members are making it sound. If you destroy the phone and say prove it then you're already putting yourself in a questionable situation with a judge because the judge will wonder why you destroyed the phone if you have nothing to fear.

As for getting everyone to delete that you sent it to, there's no way in hell you can monitor that, let alone trust everyone to delete it. And yes, if the people you sent it to do testify in court that you sent it to them you are likely in the shitter.

I suppose she could sue you for defamation of character in the form of libel or maybe public disclosure of private facts. I wouldn't say you're in the clear. If this does go to court you may be in trouble.

 

[big12]

Let me put it this way... Do you think poperazzi can be held liable for the photos that they publish?

That example is completely different and irrelavent in this situation. Media persons are usually not held liable for photos they publish because those photos are of public figures (celebrities). The reasoning behind this is that a public figure has many more resources for defending themselves to the public (ie. through press conferences) than does a person who is not a public figure. mxtaco48's ex-girlfriend is not going to be able to hold a press conference to defend herself from this picture. She has already been embarassed by it because he has sent it to several people, which hurts her reputation in the community.

I'm not saying you're screwed, but I'm just saying that the situation isn't nearly as simplistic as most are making it sound. Good luck

 

[Strega]

If the pic cant be misconstrued or misinterpreted and is straight away a picture of fact, it cant be liable.

All persons are resonsible for their own behavior be it bad or good and if someone else catches you being bad and its brought forth it isnt liable.

 

[big12]

If the pic cant be misconstrued or misinterpreted and is straight away a picture of fact, it cant be liable.

All persons are resonsible for their own behavior be it bad or good and if someone else catches you being bad and its brought forth it isnt liable.

Not entirely true. The person can still be held liable even if a statement/photograph/video is completely true. It's called Public Disclosure of Private Facts. Just because someone has proof of a another person's behavior that might be thought of as questionable, it still doesn't give that person that right to publicize that information. Look at this:

When can an individual sue for public disclosure of private facts?
Generally, the material published must be private information that “is not of legitimate concern to the public.” Its disclosure must also be “highly offensive to a reasonable person.” Material private enough to trigger this tort claim could include disclosure of sexual orientation, medical history, or other personal, private facets of a person’s life. The pressing question in public disclosure of private-facts cases is whether the information is newsworthy or of legitimate concern to the public. Newsworthiness is evaluated by an examination of several factors, including the social value of the disclosed material, the depth of intrusion into personal life, and the extent to which the person is already in public view. Even Louis Brandeis and Samuel Warren, authors of a famous 1890 law review article, “The Right To Privacy,” wrote: “The right to privacy does not prohibit any publication of matter which is of public or general interest.”


Based on the information that I posted (link below) I'd say mxtaco48 is setting himself up to be sued for Defamation of Character via Public Disclosure of Private Facts. Sending a picture of your ex giving you a bj is certainly considered private information. The picture is not of concern to the general public and I would say that any reasonable woman would be extremely upset if she were in the same situation. If she does take you to court I don't see how you can get out of it.


firstamendmentcenter.org: Press - FAQs

 

[Lousy_Bastard]

So I have a pic of my ex giving me a BJ. She was fucking my ex-best friend and I didnt find out til recently. So I guess to get back at her, when I would go out I would show people that pic. I even sent it to a girl he used to fuck. anyways, she found out I was showing and got pissed and is threatening legal action. Am liable in civil court for anything?

Thanks for any help....fucking sluts

F**k her it was a consensual act between 2 grown adults.

 

[Lousy_Bastard]

I would BUT then I know for a fact I could held liable....since putting a picture on the internet is "publishing"

Or maybe the wee man isnt up to scratch lol