Private photos published on message board

[cheeseball]

What is the name of your state? NC

I am a member of a message board that is comprised mostly of young adults attending the same university as me, but the message board is not affiliated with the university. Recently I was on that board when someone posted very private pictures of me and started calling me a whore. I know those pictures were stolen off my computer without my consent and I'm 99.99% sure I know by who, but I have no way of proving it. I know many of these message board people in real life and having them see pictures of me naked embarrassed me greatly, not to mention the gluttony of responses to the pictures calling me fat, a whore, a slut, etc.

My question is, do I have a case? I know the person who posted them but I'm not sure if he could escape liability because it was on a message board. Please help. Thanks

 

[BelizeBreeze]

99.9999999% sure you know who 'stole' them from your computer isn't proof. How do you know the person who took the photos didn't post them, or give them to someone who did?

The plain fact is, you don't. And without proof of a crime (such as breaking into your computer for the photos) you have no grounds for libel.

Opinion isn't actionable. And it's many people's opinion that a woman who let's someone take nude photos of herself is a whore.

As to the fat comments, are you?

 

[cheeseball]

No, I'm not

In fact, the guy who posted them is twice as fat as I am

And I'm not trying to prove that the guy who posted them stole them.

I'm asking if the guy who posted them can be held liable for libel or slander

 

[BelizeBreeze]

No, I'm not

In fact, the guy who posted them is twice as fat as I am

And I'm not trying to prove that the guy who posted them stole them.

I'm asking if the guy who posted them can be held liable for libel or slander

Nope. And fat is subjective.

 

[cheeseball]

Well what if he sent those photos to my boss and now I'm probably going to lose my job?

 

[BelizeBreeze]

Well what if he sent those photos to my boss and now I'm probably going to lose my job?

So What? Listen, you had the photos taken. You were not on drugs, incapacitated or held against your will. The fact that you were a willing participant is enough to shield their use.

Besides, I don't play 20 questions. You're on a fishing expedition looking for a way out of an embarrassing situation YOU YOURSELF put you in.

Next time I guess you'll think twice about saying "CHEESE"

 

[cheeseball]

So what exactly do you know about law? Because nothing you've said explains anything at all for me. Hell, I got more of an answer asking a random dude on the message board where this mess started:


"Actually, you can be sued for things you said on here. It would be held libel and be easier to prove than slander. If its written and public, its libel. There are two types of slander or libel. If its slander/libel per se, which does occur on this board, you are screwed and are going to be paying out. Newspaper have a get out of jail free card for Libel Per Se when discussing a public person (IE the career clause doesn't automatically shift the blame).

Slander per se has four catergories that are hook, line, and sinker. 1) Calling a woman a whore 2) Saying someone committed a crime, knowing they did not 3) Said something that hurt their business trade (ie so and so's restaurant is dirty and has roaches) 4) I forgot, must not be exciting enough to remember

Slander per se places the burden of proof on the defendant, where the per quod type places proof on the plaintiff. The defendant basically will lose if they have to prove that their comments did not cause damage to the person they said it about. IE, you call a girl a whore and everyone sees it on here, its damage. If the plaintiff has to prove slander per quod, its hard to prove the was damage and typically its thought "so what"

As for the University, you can get in trouble for naked photos because it is considered sexual harassment to post them or threaten to. Like UT Porn, the roommate supposedly was kicked out of the university for a few semesters."


If you can agree or disprove any of what was said and why, that would be helpful. But hinting that I'm fat and stupid is not.

 

[john123456]

Poster:

Read this:
https://forum.freeadvice.com/showthread.php?t=8995&highlight=iaal+photos

 

[BelizeBreeze]

First of all, since you said the message board was NOT university affiliated then that argument is null. And unless the university can prove they were taken on campus or university housing, then what you do in your spare time OFF CAMPUS, is none of their business.

So strike one.

Actually, you can be sued for things you said on here. It would be held libel and be easier to prove than slander. If its written and public, its libel.

So, by me calling you a pathetic fat slob who likes to pose nude for little boys you can sue me for libel. Got news for you sweetie, forget it. Your little friend forgot the elements that are required to prove libel.
1. publication
2. identification
3. harm

Since you knew of the photos, in fact participated in their making, then how are you going to prove harm? Good luck with that one.

As for libel per se;
In the early development of defamation law all libels were per se, and therefore were actionable without the claimant having to prove special damages. Over time, the rule developed that only libels in which the defamatory meaning was clear on the face of the words were actionable per se (i.e., without proof of special damages). Libels that required proof of additional facts to support their defamatory meaning were considered per quod, and required proof of special damages.

Now, let's look at your situation.

1. someone 'acquired' nude photos of you and posted them on an internet website.

2. members of that website make comments regarding the posted pictures such as "whore" and "fat".

Nowhere did you say that the person who posted the photos made these comments so only two of the three elements of libel were factually proven. And again, since you participated in the taking of the photos, it's going to be VERY hard for you to show harm.

Also, since the other 'members' who did not post the photos only made comments (opinion) as to their worth, you can't prove two of the elements needed for libel.

Want to stop having problems like this? Quit having nude photos made. Now that's not rocket science is it?

 

[BelizeBreeze]

Poster:

Read this:
https://forum.freeadvice.com/showthread.php?t=8995&highlight=iaal+photos

I was already wondering if she was lazy or just didn't read English. As in "DO A SEARCH".

But John, that still doesn't answer the question of libel, for which this poster asked. IAAL gave another solution, albeit creative.

 

[cheeseball]

Thanks John...that was a big help

Would it still be the same outcome even though the person posting the pictures was not the same person who took them? The person posting them stole them off my private computer, by hacking.




Nowhere did I say that the person posting them made comments?
when someone posted very private pictures of me and started calling me a whore

 

[BelizeBreeze]

Thanks John...that was a big help

Would it still be the same outcome even though the person posting the pictures was not the same person who took them? The person posting them stole them off my private computer, by hacking.

you really are deluded aren't you? The post John made has absolutely NOTHING to do with libel. Or are you just nuts?

And want about PROOF of theft? Can you PROVE they were stolen?

Girl, you have more problems than a forum can help with.

 

[cheeseball]

And you have more attitude than anyone on this site probably wants to deal with


I'd prefer to get my legal advice from people who aren't complete bitches, so that's what I'll do

 

[Shay-Pari'e]

So what exactly do you know about law? Because nothing you've said explains anything at all for me. Hell, I got more of an answer asking a random dude on the message board where this mess started:


"Actually, you can be sued for things you said on here. Will you be suing a screen name?

It would be held libel and be easier to prove than slander. If its written and public, its libel. Wrong, and if you think you know the answers, why are you posting your question?

There are two types of slander or libel. If its slander/libel per se, which does occur on this board, you are screwed and are going to be paying out. Again, you are wrong.

Newspaper have a get out of jail free card for Libel Per Se when discussing a public person (IE the career clause doesn't automatically shift the blame).You are a public person once you step foot into the internet.


Slander per se has four catergories that are hook, line, and sinker. 1) Calling a woman a whore 2) Saying someone committed a crime, knowing they did not 3) Said something that hurt their business trade (ie so and so's restaurant is dirty and has roaches) 4) I forgot, must not be exciting enough to remember

Slander per se places the burden of proof on the defendant, where the per quod type places proof on the plaintiff. You really lost me on this one.

The defendant basically will lose if they have to prove that their comments did not cause damage to the person they said it about. IE, you call a girl a whore and everyone sees it on here, its damage. If the plaintiff has to prove slander per quod, its hard to prove the was damage and typically its thought "so what" I am slapping my head for even reading that!

As for the University, you can get in trouble for naked photos because it is considered sexual harassment to post them or threaten to. and Like UT Porn, the roommate supposedly was kicked out of the university for a few semesters." Well you certainly have a case then.

If you can agree or disprove any of what was said and why, that would be helpful. I just did.

But hinting that I'm fat and stupid is not.

By hinting your fat is a cause for legal action? Oh! Please, I don't know if your fat, but I do know you are stupid.

 

[BelizeBreeze]

And you have more attitude than anyone on this site probably wants to deal with


I'd prefer to get my legal advice from people who aren't complete bitches, so that's what I'll do

By the way chubby, if you sent them to anyone, or if you let other view them then your 'publication' defense is out the window.

Now, on the other hand, if you'd like to post them here someone else can give you an honest opinion of your case