• PugJesus@lemmy.worldOP
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    3 days ago

    While violation of social media ToS is possible, I find it difficult to believe that a court would regard the sex crime angle of publishing one’s own photos online seriously. Otherwise anyone linking to their OF without asking for permission to send the link first would be a sex criminal.

    • baines@lemmy.cafe
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      3 days ago

      if only laws had logic

      minors have been charged with creating pedo porn from their own photos

          • Echo Dot@feddit.uk
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            2 days ago

            It’s confusing cuz you lot are arguing about something that’s not happening.

            “Oh what if she was a minor then it would be inappropriate” yeah it would be incredibly inappropriate if she was a minor, but since she isn’t, it isn’t.

      • PugJesus@lemmy.worldOP
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        3 days ago

        To win an IIED claim, you need to prove the sender’s behavior was extreme and outrageous, they acted with intent to cause you severe emotional distress or with reckless disregard for that possibility, and that you suffered severe emotional distress as a result.

        Another legal ground is invasion of privacy, specifically a claim for “intrusion upon seclusion.” This recognizes that individuals have a right to be left alone in their private affairs. Your direct messages, email inbox, and text message threads are considered private spaces. When someone intentionally intrudes by sending offensive material, it can be viewed as a highly offensive invasion of your privacy.

        It would seem a very difficult argument to apply in this case.