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Someone posted a video of me doing a sexual act that I did not know was being taped. What legal action can I take.

Philadelphia, PA |

The video was posted on a website that is not a porn site. I was not paid nor did I sign a release. It was simply me being taped while engaged in sex with this individual. I contacted the site twice now and the first time they did take it down but did not prevent him from being able to post it again. What action can I take legally at this point?

Attorney Answers 3

  1. recommend you contact a PA attorney and put the website owners on notice of a possible violaiton of terms of use--same attorney will likely reach out to the individual who made the tape. Depending on facts not posted you may be able to sue the individual or the site.

    READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia. We have not established an attorney-client relationship unless we have a signed representation agreement and you have paid me. I am providing educational instruction only--not legal advice. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.

  2. You may be able to get injunctive relief to get the tape down. There are also several causes of action including invasion of privacy. You should retain counsel to handle this aspect.

    In addition, the person posting the tape may be committing a crime under federal or PA law. I recommend contacting your local police department. I realize it may be embarrassing, but you can ensure this person will never do this again by contacting law enforcement. They are there to help.

    If you found this answer helpful, let me know by clicking the "Mark as Helpful" button at the bottom of this answer. This answer is provided for informational purposes only. This answer does not constitute legal advice and it does not create an attorney/client relationship. More importantly, the information contained in this answer should not be relied on. You should consult an attorney who practices in the relevant area of the relevant jurisdiction.

  3. You can try talking with law enforcement but aside from them perhaps being interested in viewing the evidence, I am not sure they will do much for you. The better solution is hire a local attorney and be ready to provide a retainer so you can sue the person responsible for every remedy the lawyer can think up.

    This is not legal advice but a general comment on society based on a limited set of hypothetical circumstances. No one should act or refrain from acting based on these comments without seeking appropriately licensed legal or professional advice. The author disclaims all liability in respect to actions taken or not taken based on his comments.

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