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The Hollywood Reporter has a story looking at Hulk Hogan's impending trial against the website Gawker for posting footage of himself and Heather Clem having sex their website back in 2012. Hogan claims that the website invaded his privacy while the website claims that the footage was "newsworthy". Hogan is claiming the tort of intrusion upon seclusion (usually analogized by the paparazzo who uses a telephoto lens to peek into a private residence) and also is asserting a claim under Florida's Wiretap Act because Gawker published a recording that was filmed secretly. He also wants to sue for emotional distress. The story claims that over 2.5 million people saw the footage when it was posted.
In an effort to show the sex tape qualifies as "newsworthy," Gawker is seeking to introduce evidence that Hogan has injected his sexual prowess into the public sphere by fondling women's breasts for a Rocky III publicity photo shoot and discussing in interviews where on a woman he likes to ejaculate, the size of his genitalia and the use of his mustache when performing oral sex.
Hollywood Reporter spoke to an expert on trials dealing with illegally leaked photos and sex tapes of celebrities saying that if this goes the distance this can change many cases of this type in Hollywood going forward. However he points out that in the history of these kind of ordeals, it usually gets settled out of court.
Hogan told The Hollywood Reporter "I have never been afraid to fight for what I think is right, I promised in the beginning that I would see this through to the end to hold Gawker accountable. And I will."
Gawker has already spent $1 million on the case thus far and could lose hundreds of millions if they are found to be guilty. Whereas this could damage the goodwill that Hogan has built for the last few years if this goes to public trial.
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