Privacy Claim Based on Republication of Web Posting Is Rejected

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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.

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Source: XBiz
Publication Date: 04-06-2009 04:15 PM

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Below is a snippet from the Xbiz article listed above:

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.***

The actual case is CYNTHIA MORENO et al., Plaintiffs and Appellants, v. HANFORD SENTINEL, INC., et al., Defendants and Respondents. No. F054138. Fifth Dist. Apr. 2, 2009.