Revenge Porn: Don’t Do It
One of the lesser known torts (wrongful acts that lead to civil liability) is the invasion of privacy.
There are three types of actionable invasion of privacy in Florida:
- Intrusion (invading a person’s physical solitude or seclusion) – think peeping toms, spy cameras, etc.
- Public Disclosure of Private Facts – is self-explanatory – though the facts disclosed must be both offensive and not of the public concern, meaning not every run-of-the mill secret counts, and if you are public figure (office holder or celebrity) your privacy counts for less because it is of greater public concern
- Appropriation (using a person’s name or image for publicity purpose’s) – I can’t just go around telling people I work for [Your Name’s] Favorite Law Firm, unless you have given me permission to do so
There used to be another type of invasion of privacy claim: “False Light” – which meant making false public statements about a person, but the Florida Supreme Court determined that it overlapped too much with defamation claims (which do not have to be public) and eliminated it as a separate cause of action.
Bringing an invasion of privacy claim is not straightforward. You must prove that harm has been caused, and that whatever space was intruded upon, or fact disclosed, was truly private and not subject to discovery by legitimate means. For example, if you leave your windows wide open and in public view, you can’t complain about people on the sidewalk looking inside.
One of the invasion of privacy claims that is on the rise is so-called “revenge porn”—the posting or sharing of what was believed to be private sexually explicit images. This is usually done by an ex-lover or romantic partner (who else would have access to such images?) out of anger or spite or for some even more nefarious purpose like blackmail.
Revenge porn is a serious violation of a person’s privacy, especially if it discloses identity. If the images are posted publicly on the internet, they can be widely shared before the victim is even aware of what has happened. It can do serious damage to the victim’s reputation and self-esteem.
If you have been the victim of revenge porn, our attorneys can guide you through your options. All consultations are confidential, and all consultations are free. If we take your case, you pay nothing up front or while your case is ongoing– our fees and costs come out of any settlement you receive. If you don’t receive a settlement, you owe us nothing.Revenge porn is an embarrassing and difficult thing to confront, but the person who has been exposed is not the one in the wrong. If this has happened to you, we can help. Call me at 850.224.3310 for a confidential and free consultation.
