Earthly said:
I'm from california
the story goes....
In attempt to seek revenge against my ex-girlfriend, i plan to post a few naked pictures of her on a self-built website along with a short document saying negative things about her, and then later sending the link to the 100 or so friends/schoolmates via A.I.M.
The pictures are mine, They were taken on my camera, We were both over 18 at the time, and she willingly posed in a sexuall manner as i took the pictures.
MY QUESTION: Are there any possible legal ramifications she could take if she got mad enough? Would she have a case?
ALSO: we both still live with our parents
My response:
If your girlfriend were to come to me for representation, I'd take her case - - if for nothing else, the principle of the matter. But, I'd also put a "money hurt" on you so bad, your head would be spinning for at least the next 20 years (that's how long a judgment lasts in California). You never received a "right" to "publish" the pictures; i.e., a "model's release".
Tort liability for invasion of privacy arises from four distinct kinds of activities: (a) intrusion into private matters; (b) public disclosure of private facts; (c) publicity placing a person in a false light; and (d) misappropriation of a person's name or likeness. [Hill v. National Collegiate Athletic Ass'n (1994) 7 Cal.4th 1, 24, 26 Cal.Rptr.2d 834, 848]
Public disclosure of private facts:
To state a common law disclosure of private facts tort claim, plaintiff must allege "(1) a public disclosure of (2) private facts that is (3) offensive to a person of reasonable sensibilities." [Kemp v. County of Orange (1989) 211 Cal.App.3d 1422, 1427-1428, 260 Cal.Rptr. 131, 134]
"Public" disclosure:
Although wide disclosure is not required to state a claim under the privacy provision of the California Constitution, "common law invasion of privacy by public disclosure of private facts requires that the actionable disclosure be widely published and not confined to a few persons or limited circumstances." [Hill v. National Collegiate Athletic Ass'n (1994) 7 Cal.4th 1, 27, 26 Cal.Rptr.2d 834, 850]
The right to privacy is an inalienable right under the California constitution; its invasion must be justified by a compelling state interest. [Ca Const. Art. I, § 1; White v. Davis (1975) 13 Cal.3d 757, 775, 120 Cal.Rptr. 94, 106]
The tort of "invasion of privacy" comprises four related causes of action, three of which may apply in the collection context:
• Unreasonable intrusion into private affairs;
• Placing plaintiff in a false light;
• Public disclosure of embarrassing private facts. [See Lugosi v. Universal Pictures (1979) 25 Cal.3d 813, 819, 160 Cal.Rptr. 323, 326; and Book of Approved Jury Instructions (BAJI) 7.20]
IAAL
