Privacy Claim Based on Republication of Web Posting Is Rejected

FRESNO, Calif. — Comments posted on a publicly accessible website are not private and the poster cannot sue for invasion of privacy when the comments are republished, according to a California appellate court.

California’s 5th District Court of Appeal last week affirmed a Fresno Superior Court judgment, which rejected a claim from a UC Berkeley student, whose MySpace.com page included a phrase that she “despise[d]” her hometown of Coalinga.

The case is of significant interest to the adult entertainment industry, which heavily uses message boards and social-networking sites to market their products, personas and other activities.

It emphasizes the obvious in the court of law: Anything one posts can and will be used against them.

Cynthia Moreno posted her 700-word “Ode to Coalinga” on her MySpace page after visiting the town of 19,000 residents midway between Sacramento and Los Angeles.

She began by saying “the older I get, the more I realize how much I despise Coalinga,” and then made several negative comments about the town and its inhabitants.

The entry was posted only six days but was long enough for Roger Campbell, principal of Coalinga High School, to find the story and forward it to the editor of the Coalinga Record. Her ode was published in the newspaper’s letters section.

Local reaction was harsh, according to the suit, and included death threats and a gunshot fired at her family’s home.

Her father’s 20-year-old business — which wasn’t identified in the complaint — lost so much money that it was closed, the suit claimed, and the family moved out of town.

Moreno and her family sued Campbell, the Coalinga Record and the Coalinga-Huron Unified School District, alleging invasion of privacy and intentional infliction of emotional distress.

The publisher was dismissed from the suit, and eventually Fresno Superior Court Judge Adolfo Corona sustained demurrers dismissing the complaints against the remaining defendants.

In Thursday’s decision, 5th District Court of Appeal Justice Bert Levy wrote that “once posted on MySpace.com, this article was available to anyone with Internet access.”

“The facts contained in the article were not private,” ruled Levy, who noted that Moreno’s “potential audience was vast.”

“Cynthia’s affirmative act made her article available to any person with a computer and, thus, opened it to the public eye,” Levy wrote. “Under these circumstances, no reasonable person would have had an expectation of privacy regarding the published material.”

Levy said that her comments to be republished did not constitute intentional infliction of emotional distress because it was not outrageous conduct as a matter of law.

Colin Hardacre, of Los Angeles-based Kaufman Law Group, said he has some advice for adult business professionals who chat it up on message boards like GFY.com, XXXPornTalk.com and others.

“This just reinforces what we tell all our adult clients — stay off the boards!” Hardacre told XBIZ.

This is especially true if you are involved in litigation, Kaufman Law's Gary Kaufman said. “Anything you post online is public as soon as you press submit — when it’s online it’s a posting; at trial, it’s called evidence,” Kaufman told XBIZ.

Related:  

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

CalExotics Expands 'Cheap Thrills' Line of Male Masturbators

CalExotics has added four new pleasure products to its Cheap Thrills line of male masturbators.

Rachel Rampage Makes Her Brazzers Debut

Rachel Rampage has made her Brazzers debut alongside multi-XMAs winner Mick Blue in the studio's latest release, titled "Right Down To Cock Sucking Business."

California Governor Signs Bill Limiting CIPA Claims

Governor Gavin Newsom has signed into law a bill to narrow the scope of the California Invasion of Privacy Act (CIPA), to prevent abusive lawsuits targeting online businesses, including adult websites.

XBIZ Retreat Canada to Debut in Toronto Aug. 16-20

XBIZ Retreat is heading north for the debut of its Canadian edition, bringing its signature hosted-buyer experience to Toronto Aug. 16-20.

Jennifer White, Jessi Rae Lead Latest From Blacked

Reigning XMAs Female Performer of the Year Jennifer White stars alongside Jessi Rae and Isiah Maxwell in the latest release from Vixen Media Group studio imprint Blacked.

SWPA to Host Webinar on Landing Media Coverage for Sexual Wellness Brands

The Sexual Wellness Professional Alliance (SWPA), a division of the Free Speech Coalition, will host a webinar on Wednesday, Oct. 7, offering strategies for sexual wellness brands to attract media coverage.

Evil Angel Drops 'My Fantasy With Rocco'

Evil Angel has released the latest title from director Rocco Siffredi, titled "My Fantasy With Rocco."

California Enacts Stricter UGC Rules for Adult Sites

Governor Gavin Newsom has signed into law a bill to impose tighter compliance standards for user-generated content (UGC) on adult websites accessible in California.

UK Aims to Begin Enforcing 'Choking' Ban Before Year's End

The U.K. will soon begin enforcement of a new law criminalizing depictions of “non-fatal strangulation” in adult content, according to a Ministry of Justice official.

XBIZ LA Conference Website Now Live, Registration Open

The event website for the XBIZ LA conference is now live, offering comprehensive information about the upcoming event, taking place Jan. 7-10 at the JW Marriott L.A. LIVE.

Show More