Can I sue my soon-to-be ex-wife for posting a private video of me on Youtube?

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Can I sue my soon-to-be ex-wife for posting a private video of me on Youtube?

We are in the process of a divorce. The video contains secretly recorded audio of me screaming my head off in our home, and the video claims “this is an example of domestic verbal abuse”. It is highly edited to make me look bad. We are in a state where it is legal to secretly record conversations, so long as you are part of the conversation. However, I was wondering if I can sue based on breach of privacy and what my chances of success might be?

Asked on February 22, 2012 under Personal Injury, Ohio

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Well if the audio and video are legal, then your breach of privacy may be one route but indicating this is berbal abuse may be another route. If she misconstrues and edited the film to make it look worse than it was, and is stating you are verbally abusive and you are not and it damages your reputation, you may be seeking a defamation suit in addition to the privacy suit. The chances of success will depend on a host of factors, and only you sitting down with an attorney who handles such matters in your state would be able to give you possibilities and chances.


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