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Law and photographs on internet indecent of a woman


It happens pretty often and we hear about it every other day: a celebrity’s sex tape or nude pictures have been leaked to the Web. The famous Pamela Anderson and Tommy Lee tape or Vanessa Hudgens naked cellular phone photograph, we all heard about it, but did not care that much. But what happens if the private horseplay with boyfriend or then husband gets leaked on the net? What to do if something personal and deemed erased reappears and is widely available to anyone, your parents, your priest, your kid?
The actual reason why such photos exist is irrelevant. Was it his idea, yours, was this a one-time-thing, you were young, needed the money, it does not matter. Lucky for you, the celebrities paved your way for suing the publisher of unauthorized material, even if he or she professes you did know that one day they will be published and such. Without a written release form, allowing him or her to publicly display and/or use your name and likeness for profit, you have a clear open and shut case.
The problem is a bit more difficult with underground web pages, porn oriented web pages, private pages, and pages you don’t even know exist. If the pictures are loaded under any name that you have no knowledge of and which is other than yours on a public picture host, you will have to find out all the locations of such photographs to have them taken down. If the pictures have been given to an adult web page host, who publishes it with permission of the former lover/spouse, then short of a court injunction you have no say. That means legal battle, proving harmful intent, or why these pictures are damaging for you, having been secretly taped helps, but is almost never the case, lawyer expenses through the roof.
The worst is if the pictures have been purchased by a big house, engaged in exploiting porn and sexual material. If they have received written consent by one of the participants, which would be your former whatever, then to receive an injunction in time to stop the publishing would require serious money or an Act of God. If your former disgruntled lover is out only to punish you by publishing the photos in order to humiliate you, then there is nothing you can do to stop the pictures appearing on the Net. All you can do is pray that they do not become viral and sue the perpetrator for everything he’s got, adding criminal charges for intentional harassment and public humiliation.

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This entry was posted on Sunday, July 19th, 2009 at 7:25 am and is filed under internet. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

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