If Someone Posts Your Sext Message Online, What Are You Sexting Rights?
When you send someone a sext message, you have that one person in mind to view it. While there is always a chance it can fall under the gaze of other people, you expect a certain level of privacy from the recipient. Unfortunately, things can happen. Accidents occur. People can be mean. Sometimes your sext messages are seen by other people. This kind of incident can leave you feeling embarrassed, disappointed, and even harassed. Even though sexting is commonplace among all age groups, there aren’t many laws in place to specifically address it. As long as all participants are of legal age, there aren’t any specific sexting laws to be aware of. Your sexting rights have more to do with harassment, invasion of privacy, and personal rights than anything else.
Public Disclosure of Private Embarrassing Facts
This is a tort law that can apply to someone publishing a sext message from you online. It can be considered when protecting your sexting rights. The facts of a person’s private life are protected. It is a personal decision for each individual which of these private facts should be public knowledge. The wrong things leaking out to the public can ruin relationships, take jobs and income away, and destroys reputations. This law also depends on the state you are in. A few states do not allow any legal claim for invasion of privacy or distribution of private facts. In other states you can make a legal claim but there are certain needs that must be met before it can be successful.
• Fact Must be Proven as Private
The reason for the lawsuit must be obviously private and detrimental when public. This could be anything from sexual orientation, financial status, medical history, and even employment history. Other things can also be included but it all depends on what the fact is and how life was affected after its real.
• Public Disclosure Must be Proved
There must be concrete proof of a public distribution of a private fact. This where it can be tricky for a person whose sexting rights have been upended. Public disclosure generally means to more than one or two people. However, if a sext message is published online, it can be considered public.
• Prove the Disclosure was Harmful
There must be some tangible proof that harm was done as a result of the private information becoming publicly disclosed. The government accepts that total privacy is no longer possible in society. The disclosure of information must not have been a result of an unintentional or accidental action. There are some states that have additional requirements. California asks plaintiffs to prove that the facts were disclosed with reckless abandon, and the information was not of any concern to the public.
Sexting Rights With Revenge Porn
California has made another first, by instating a revenge porn law. It is against the law for anyone to publish private sexting messages or photos after the dissolution of a relationship. You can be punished with up to six months in county jail and $1000 fine. Senate Bill 255 says much of the same thing. It makes it a misdemeanor to publish sext messages or photos that are specifically identifiable to the sender. The intent to publicly humiliate, harass, or intimidate must be present.
Unfortunately, once a sext message or photo is released the damage is done. Your sexting rights have been violated. You cannot change that fact. You will feel the repercussions even if the perpetrator is prosecuted and serves jail time. Not much will make you feel better, other than time and distance. It is important to remember to take care of yourself at this time. Take precautions not to fall into a deep depression or develop an emotional issue. You can feel very emotional and alone. It could be necessary to talk to a professional therapist. It is important to remember that while this may feel horrible, it isn’t the end of the world and things will move on. Keep your mind focused on other parts of life and stay focused on one project after another. Eventually, this will all be a distant bad memory.
Tags: Revenge Porn, revenge porn law, Sext message, Sexting, Sexting laws, Sexting Rights