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

Kyaa Chimera Makes Her Girlsway Debut

Recently crowned XMAs Fetish Creator of the Year Kyaa Chimera makes her Girlsway debut alongside Roxie Sinner in "Free-Use Homework Hang."

Lilly Bell Stars in Latest From Blacked Raw

Multi-XMAs winner Lilly Bell stars with Anton Harden in the latest release from Vixen Media Group studio imprint Blacked Raw.

Sabien DeMonia Performs Her 1st Evil Angel DAP

Reigning Euro XMAs MILF Performer of the Year Sabien DeMonia performs her first Evil Angel DAP alongside Jesus Reyes and Little Maly.

Chaturbate Launches Year-Long 15th Anniversary Campaign

Chaturbate has launched "CB15," a year-long campaign to celebrate the company's 15th anniversary.

At Last: Jennifer White Reflects on a Breakthrough Year and XMAs Gold

Jennifer White has reached the top of the mountain. Not only did the veteran performer’s recent showcase, “Hollywood Whore,” win Best Performer Showcase at the 2026 XMAs, but White herself scored the ultimate honor by being crowned Female Performer of the Year.

Christy Love Stars in Latest From MYLF

Christy Love stars with Nade Nasty in the latest installment of MYLF series "MomDrips," titled “Finish Inside of Me, You Dirty Boy.”

Motorbunny Offers Accessories to Retailers at Wholesale Cost

Motorbunny has announced it is offering retailers travel accessories for its rideable sex machines and other pleasure products at wholesale prices for a limited time.

Besharam Makes 1st Appearance at 'Zepto Prom Night' Event

Besharam attended the annual Zepto’s Prom Night event in Mumbai for the first time.

Madelynn May, Selina Imai Headline 'Lesbian Neighbor Affairs 4'

Madelynn May and Selina Imai topline the fourth volue of "Lesbian Neighbor Affairs," from Girlfriends Films.

Eva Nyx Fronts Latest From New Sensations

Eva Nyx stars with Jason Sarcanelli in the latest release from New Sensations.

Show More