The offending photo
Popular gay blog site Queerty has rejected demands by Jake Gyllenhaal’s lawyer to remove what is said to be a picture of him in his underwear.
The photo, which has also been published on a number of other sites, shows what appears to be the Brokeback Mountain actor in his underwear emulating singer Grace Jones’ iconic album cover pose.
According to lawyer Richard Thompson, however, the picture is a fake “in which our client’s head has been pasted on the body of another person”.
He demanded the immediate removal of the image from the site as it “violates many legal rights of our client by, among other things, defaming him, portraying him in a false light, violating his right of publicity and constituting a false designation of origin…”
Queerty acknowledged that the picture is probably fake, but questioned what about the photo is actually defamatory.
“Is is that people might think, wrongly, that Jake wears underpants? Or that his reputation is sullied by the idea that he allowed someone to photograph him without pants on? Or that he stayed in what looks like a cheap motel?
“Jake’s a public figure, and we can talk about him if we want to. We can even speculate about what he looks like in his underwear. We can’t — and won’t — claim that this picture of him is definitely authentic, since we just don’t know.”
The site added: “In any case, if Jake wants us to take down a fake photograph of him in his underwear, all he has to do is provide us with a real photo and we’ll gladly post that one instead.”