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Spouse sues ‘swinger’ Web site
February 20, 2008

Claims pictures ‘smeared’ his reputation

BEN MOOK

Daily Record Assistant Business Editor

February 6, 2008 6:57 PM

A St. Mary’s County man is seeking $200,000 in damages from the owners of an adult “swingers” Web site and three of its customers over the posting of sexually explicit pictures of his wife.

The lawsuit was filed Friday in U.S. District Court in Greenbelt by Harvey S. Jacobs of Jacobs and Associates in Rockville. Jacobs’ client, identified in court papers only as T.M., is seeking damages from the owners of www.adultfriendfinder.com and three “Doe” users of the site for defamation and false light invasion of privacy.

According to the lawsuit, Jacobs’ client lives in St. Mary’s County and has been married for 22 years. T.M. recently learned that sexually explicit photos of his wife had been posted to adult Web site adultfriendfinder.com. The lawsuit alleges the photos appear as part of the profiles of three users of the site, identified in the lawsuit by their screen names only.

As a result, T.M. claims anyone visiting the site would see his wife’s picture and infer the couple condoned swinging. The lawsuit argues that this constitutes defamation and places T.M. in a false light because he is not a “member of the ‘swinger’ community.”

“[Plaintiff’s] reputation as a monogamous spouse has been smeared as a ‘swinger,’” Jacobs wrote in the lawsuit. The wife is not named in the lawsuit.

Adult Friend Finder is a Web site that bills itself as “the world’s largest sex and swinger personals community.” The site is owned by Friendfinder Inc., of Palo Alto, Calif., which was acquired by the Penthouse Media Group in December.

Ira Rothken, with the Rothken Law Firm in Novato, Calif., said he felt the Web site would be protected by Section 230 of the Communications Decency Act. The section protects online companies from being responsible for content posted on their sites.

Rothken pointed to a similar California case in 2002, Carafano v Metrosplash.com. In that case, an actress whose personal information was posted to a dating site sued the owners of the site because they allowed the information to be posted. The 9th U.S. Circuit Court of Appeals ultimately ruled in favor of Metrosplash.com and held that the Web site was covered under Section 230.

“[Adult] Friend Finder does not create the content related to the posting, they’re just the intermediary,” Rothken said. “The cases are legion for not placing liability on dating sites, and I’m confident the court will agree to dismiss the case against [Adult] Friend Finder.”

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