Hofstra Law Review
Abstract
The article focuses on the legal tensions between publicity and privacy rights concerning the nonconsensual dissemination of intimate content of public figures, particularly in the digital and social media age. It traces the historical development of privacy law, highlighting the broad application of the newsworthy exception—which allows publication of private information deemed of legitimate public interest—and its expansion to include intimate sexual content of celebrities and influencers. The article discusses the challenges posed by judicial discretion in determining newsworthiness, the problematic inference of implied consent based on a public figure’s openness about sexuality, and the inadequacies of current state revenge porn laws alongside the legal immunity granted to social media platforms under section 230 of the Communications Decency Act. It further examines recent legislative efforts, such as the TAKE IT DOWN Act, and proposes legal reforms including mandatory jury determinations of newsworthiness, federal criminalization of nonconsensual sexual content distribution, modification of section 230 to hold platforms accountable, and mandatory content removal policies to better protect individuals’ privacy rights in the evolving digital landscape.
Recommended Citation
Gotsis, Olga
(2025)
"Breaking News or Breaking Boundaries? The Legal Battle over Publicity Versus Privacy for Leaked Intimate Content,"
Hofstra Law Review: Vol. 54:
Iss.
1, Article 6.
Available at:
https://scholarlycommons.law.hofstra.edu/hlr/vol54/iss1/6