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Lucy, Esq.
Lucy, Esq., Attorney
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I posted a post on I tried to take it down, but they

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I posted a post on I tried to take it down, but they website deosn't allow it. My ex is furious and is threatening me with legal action. He said he was connacting the Secretary of State, and a reporter (friend of mine) and is threatening to public with the post. there are 3 pictures one of him in bed (having breakfast and shirtless). In the post I say that he is a loser and a gold digger and that I paid for dinners with his children.

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear that this happened.

When a person posts negative information about a third party, there are two possible causes of action. Defamation of character and invasion of privacy.

Defamation of character requires an untrue, factual statement that tends to reflect negatively on a person's character. "Loser" is a matter of opinion and cannot be actionable. If you did pay for dinners with his children, then that's true and not actionable. "Golddigger" is a bit of a hybrid statement. It's basically an opinion, but it suggests facts to back it up. If it's based on things like him asking you for money and buying dinners for his children, then he can't recover for that, either.

As far as invasion of privacy goes, it requires the distribution of private, true information that would be highly offensive to a reasonable person. Nude pictures fall within this category. I don't know that shirtless photographs of a man would, considering that it's socially acceptable for men to talk around in public without shirts. If there are any similar pictures of him on Facebook (shirtless, at least), then he can't really claim to be offended by it. So that might be something. But if he goes public, then he's basically shooting himself in the foot - if he tells everyone about the pictures, he can't sue you for sharing them with the public.

The Secretary of State isn't going to take any action against you. This isn't the type of thing they handle. They might investigate the site, but that's not necessarily a bad thing (it could help get the pictures down).

Regarding the website, he would have a cause of action to sue the them (if he can show invasion of privacy, and I don't know that he can). You, as a voluntary user of the site, unfortuantely do not. Unless there is something in the terms and conditions that suggests that you could delete the pictures and you suffered actual harm from their act of failing to remove them (as opposed to your act of posting them). However, you could try hiring a local attorney to send a demand letter and see if it works.

If you have any questions or concerns about what I've written, please reply without rating so that I may address them. It's important to me that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so that I get credit for the time I spend helping. Thank you.
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