Legal Question in Constitutional Law in Ohio

Internet Blogs/Pictures

Juicycampus and thedirty have both become particularly popular on my college campus. I have done some research, but cannot seem to find a black and white answer to my question. Can a site post pictures of you that were taken in a private place, either with or without you knowing. And if said pictures are in fact posted, can the people who operate the site comment on them and make derogatory and embarrassing, and sometimes false, statements about the individuals in the pictures. As far as the blogging goes, is the site responsible for people impersonating organizations or individuals and making false statements about them. Both sites make money from advertisements sold on their site.


Asked on 4/26/08, 9:31 pm

1 Answer from Attorneys
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: Internet Blogs/Pictures

The Reason you cannot find the answer is because the issue has not been addressed by many courts or legislatures. The fact is the technology is moving at a pace far in excess to the pace that the law moves.

Further the fact that the internet is international, makes legislating it and regulating it even tougher.

That said, if I think it is safe to say that if you live in a state where audio tapping is legal if one party is aware of it, then you may be stuck. If the taping is done unaware of both parties and it is a private place (a bathroom or shower or bedroom) or if the second party tapes but is not part of the "action" then it is likely illegal. Finally if you are in a state where both parties must be aware of the taping the question may be open but at least you can argue that the tape is illegal.

Finally there are issues of jurisdiction and law etc but those are to be hashed out by a lawyer after he or she decides if there is a case at all.

Good Luck.

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Answered on 4/27/08, 9:52 pm


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