Almost 4 years after it's release, Australian model Lara Bingle is suing Brendan Fevola for releasing a nude picture of her. The pHOto was taken back in 2006 when the model and AFL player were having a steamy affair.
Max Markson says Lara, who was 19 at the time, is suing for defamation and misuse of her image after the cell phone picture appeared in Woman’s Day magazine. The model also believes she's standing up for women's rights by going through with the lawsuit.
The editor of Woman's Day backs up their decision of publishing the photo, which shows Lara in the shower and covering up one boob, saying "it was going to come out at any point anyway."
Exactly! If you didn't want it to be released in the first place you shouldn't have been in the situation to have it taken!
However, one lawyer believes Bingle is going has a difficult case.
Nicholas Pullen says she would "have to prove [the photograph] came from Fevola and then she would have to prove when Fevola sent it off; the reasonable person would expect it to end up in Woman’s Day."
Pullen goes on to add:
"The next step in any defamation formula is: how is it making people think less of Lara Bingle than they already do. Well, she’s coming off a low base on that one. In the version of the photograph I have seen, it doesn’t look like you are seeing terribly much more of Lara Bingle than you have already seen. It would be a bit different if we were looking at a photograph of the Governor-General. So I think you can pretty well safely strike defamation off."
And unless Lara can prove the picture was used to sell something, which he says is "clearly not the case".
Good luck with this one, Lara. Next time keep your clothes on!
[Image via WENN.]