Re: Happy Snapper
I'm only playing devils advocate here, but what about a situation where two people meet on a drunken night out and decide filming themselves and posting it on the interwebz is a good idea. The next day, the one who did the posting is cuffed because the other one regrets (or is informed by friends because they couldn't remember doing it).
Now we may be getting into the realms of consent and alcohol here, but in this case there is no contract, they both did a stupid thing, but the one who's account was used to post the material becomes guilty of a criminal offence. There was no contract, no money changed hands, but there was consent.
All I'm saying is it could be a lot harder to decide whether a party expected it to remain private or not.
Now, in most cases, I would say that if the video was made between two consenting adults in a relationship, in a private place, and the video was then posted after the pair split up, it is likely that there was an expectation of privacy. But there will be situations where it is harder to prove.