Hmm, should this have ever gone to court?
So what happened to "intent" here? It is unfortunate what happened, but clearly it was a mistake. This should never have gone near a court in the first place.
Clearly a phone device that can go from "single person" mode to "everyone" mode with a simple slip of the fingers should not be used for sending intimate messages.
Or business messages, considering how businesses wish to keep internal communications, erm, internal.