The Chicago Personal Injury Law Blog

Carly Rae Jepsen: Sex Tape, Maybe?

She’s got the song of the year, and if the leaked uber-grainy video that hit the internet is what it proclaims, she might have the sex tape of the year as well. Earlier this week, Perez Hilton posted screen captures of a video that allegedly captured Carly Rae Jepsen performing sexual acts. The main protagonist in the film does very strongly resemble Jepsen, though Jepsen took to twitter to deny the film.

Unlike the Minka Kelly sex tape, hints of which were also leaked today, there won’t be any allegations that this is child porn. During not-Jepsen’s performance, the Katy Perry and Kanye West thriller E.T. plays in the background. The song was released last year. Jepsen, despite the teen-pop flavor of her music, is 26-years-old.

This isn’t Jepsen’s first encounter with wannabe-Jepsen nudity. Earlier this month, she was mistaken for 21-year-old model Destiny Benedict in a series of nude photos that hit the internet, TMZ, and every other gossip site on the internet.

At this point, we have no idea who is the person behind the allegedly mislabeled leaks. However, should they be identified, could a defamation lawsuit be in order?

Prevailing in a defamation lawsuit requires that the plaintiff show that an untrue statement was made, that it was published, and that it caused damage to her reputation. For public figures like Jepsen, she’d also have to show that the person who labeled the tape knew, or should have known, that it wasn’t her.

Though we have only heard the ubiquitous tune Call Me Maybe, at least in that song, Jepsen’s image seems to be of the flirty yet restrained good girl. The song is about longing for the love of someone and hoping that they call. It’s about the void in someone’s soul that needs to be filled by an unidentified as yet soul-mate. “Before you came into my life, I missed you so bad … I missed you so, so bad.” Real talk, Ms. Jepsen. Real talk.

The good-girl shtick is what differentiates her from her contemporaries. If fake nude photos and videos damage that shtick, ruin her reputation, and reduce sales of her songs, videos, and concert tickets, she could certainly show damages in a defamation lawsuit.

She’d also have to show that the video wasn’t her and that the person leaking the video either knew, or should have known, that it wasn’t her. Proving the state of mind of the defendant is usually difficult, but not impossible, especially if more extensive analysis of the video shows more clearly that the video is not Carly Rae. The key is: should they have known?

And for those of you thinking that this whole defamation thing is a bit of a stretch, consider the numerous Hollywood starlets that have either had a sex tape or appeared nude in a film or magazine. Were their careers ever the same?

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