Professor Chander Comments on Online Privacy Rights for KXTV
Professor Anupam Chander commented for Sacramento ABC affiliate television station KXTV on whether parents can be sued by their children for posting embarrassing childhood photos online. Although a woman in Austria has sued her parents on that basis, a similar suit would be unlikely to be successful in California, where the plaintiff would need to show either invasion of privacy or malicious intent, Chander said.
American courts would also have to consider the First Amendment, Chander added. "There are both privacy laws at stake and freedom of speech at stake," Chander said. "This is a difficult balance the courts have to make."
Professor Chander, Martin Luther King, Jr. Professor of Law at UC Davis School of Law and Director of the California International Law Center, is a leading scholar of international economic law and cyberlaw. He is the author of The Electronic Silk Road: How the Web Binds the World in Commerce, published in 2013 by Yale University Press. His scholarly papers can be accessed via his Social Science Research Network author page.