He’s been sacked by Cronulla Sharks after an image of him ‘bubbling’ in a nightclub toilet went viral. His ‘friend’ Mick Robinson clicked the shutter. That’s what friends are for.
If you don’t know what bubbling is, um, see this demo.
The prank is reported to have cost Todd millions of dollars in lost earnings, and threatens to end his career. So can he claim compensation? Probably not.
He could sue Robinson – and the TV and media – for an invasion of privacy. He would have to prove he had a ‘reasonable expectation of privacy’ in the hotel toilet. But that argument would be, er, diluted if he was showing off and allowed Robinson to watch.
He could try suing for libel – for the damage to his reputation. But a judge would probably tell him to piss off, as you can only bring a libel action for untrue allegations. No one doubts this image is genuine. The only person who damaged Todd’s reputation was Todd himself.
His only chance is to sue the media for suggesting he consented to the photo being taken and published. He could argue: ‘It’s untrue to suggest I’m the kinda guy who would agree to something like that.’ Hmm.
His best option is to keep his mouth shut. Both now, and next time he goes to the toilet.
Cleland Thom is legal advisor to TNT and other media. He also runs online journalism courses. Contact him at cleland@clelandthom.com
Image credit: Getty
