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

Arcom Investigates Mym Over SREN Compliance

French media regulator Arcom is investigating creator platform Mym to determine whether the site may have violated age assurance rules and/or other requirements of France’s Security and Regulation of the Digital Space (SREN) law.

Hope Heaven Crowned Newest 'Vixen Angel'

Vixen Media Group (VMG) has named Hope Heaven as its newest Vixen Angel.

Orion Debuts New Vibe From 'Javida' Line

Orion Wholesale has introduced the newest vibrator from its Javida collection.

England, Wales to Enforce 'Extreme' Content Laws Starting Nov. 6

England and Wales will begin enforcing new laws criminalizing depictions of “non-fatal strangulation,” as well as sexual content in which adults portray underage characters, starting Nov. 6, the U.K. Ministry of Justice announced Friday.

Sabien DeMonia Makes Her Hentaied Debut

Euro XMAs winner Sabien DeMonia has made her debut for Hentaied alongside Dimitry Simonit in the latest installment of the series "Futanari-Dom," titled "Secret Side of Me."

Fort Troff, XR Brands Enter Strategic Partnership

Pleasure brand Fort Troff has entered a strategic partnership with XR Brands for product development, manufacturing, and distribution.

Reborn Cinema Sets Sex and Storytelling to a Tropical Soundtrack

In Karim Z's imagination, it all started in Rio de Janeiro. There was sun, sand and plenty of skin. Beautiful people cavorted along the beach while the sounds of bossa nova, rock and electronic music washed over scenes of sex and excess. The performers would be Brazilian, the dialogue would be in Portuguese and music would drive the action as much as anything happening on screen.

Full Circle Expands 'Pleasure Company' Vibe Collection

Full Circle has added six new vibrators to its Pleasure Company line.

Report: UK Film Classification Board to Monitor 'Extreme' Content Online

The U.K. government has tapped the British Board of Film Classification (BBFC) for a pilot program to monitor online pornography for illegal and “extreme” content, as it prepares to enforce new content restrictions, British media outlet Sky News is reporting.

Our Erotic Journey Taps Polly Chen for Sales Team

Our Erotic Journey (OEJ) has hired Polly Chen for its U.S. sales team.

Show More