Perez Hilton, Miley Cyrus and the whole underage 'upskirt' photo dilemma [poll]

Celebrity blogger Perez Hilton -- or someone with access to his Twitter account -- sent out a link to a celebrity "upskirt" photo Sunday. No big deal, right, happens all the time? Seriously, just ask Lindsay Lohan. Except this time, the skirt was allegedly being worn by one Miley Cyrus.

For those who don't hang out in the Internet gutter, such photos are usually snapped when a female celeb -- in a short dress or skirt, preferably sans panties -- gets out of a car. It's a vulnerable moment, unless you're Demi Moore, in which case your ninja upskirt-blocking skills prevent such hideous images from being captured.

Outside of celeb circles, such ninja skills are referred to as "acting like a lady."

But here's the problem: Miley, no matter how much she "Can't Be Tamed," is only 17. As in, not 18. Also referred to as "not legally an adult." Which means laws protecting kids from sexual exploitation could come into play -- just ask Joe Francis.

The link's long gone, and there's talk that the image might be a product of Photoshop, but according to a legal analyst over at Salon, none of that matters. 

"We're not talking about a misdemeanor," attorney Jeffrey Douglas told the website. "You don't have to know what the definition of the law is; all you have to do is knowingly distribute the photograph."

On Monday night, Hilton posted a video -- not a direct response to the photo link, mind you -- in which he says that "it's OK for Miley to be a little sexier, because she's almost 18." And on Tuesday afternoon he posted a link to a picture of Miley fully clothed, allegedly "proving" underwear was present because you can see it through her frock.

Mmm-kay. Isn't an upskirt of a child's underwear sort of the same thing?

Time will tell if the law agrees. Until then, our Division of Absolutely Accurate Statistics is pleased to present a nonscientific online poll.

-- Christie D'Zurilla

Photo: Perez Hilton arrives at Logo Network's third annual NewNowNext Awards on June 8, at the Edison in downtown Los Angeles. Credit: Katy Winn / Associated Press

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Comments

[Margot]

Why is the media giving Perez Hilton more publicity? This guy is not funny and only does crap like this to get people talking about him. Apparently it works... If he has broken the law then I hope his scummy ass gets sent to jail!

[James]

The law is crazy if this is considered a major felony. The First Amendment should protect this speech, no matter how vile.

[I.F.]

Perez Hilton is a mean spirited and vindictive gadfly, and represents the worst of celebrity sleaze culture. He is a disgrace to gay people everywhere, most of whom work hard for a living. Saying it's cool to be shooting photos up the skirts of little girls? Is the times really giving coverage to this creep?

[S]

James - How is child pornography "speech"? Pretty sure the saying "A picture is worth a thousand words" is just that - a saying. A photograph isn't ACTUALLY speech, whether it has been photoshopped or not.

[ms]

Perez Hilton should be incarcerated or we will have sex offenders using him as an excuse.
This creature has been doing this for some time now. Please have him arrested, please. For our children.

[K]

Perez Hilton is a media creep, and probably a creep everywhere else too. This is just the kind of sensationalist garbage he rakes in the Big Bucks creating. But now HE'S part of his own creation. The last thing he needs is more publicity, even if it's a fake.

[nick]

First off, it was proven Miley WAS wearing under wear, and that picture Perez filtered around the web WAS photo shopped.
So Perez really needs to watch out what he is doing.

[Cisco]

Per-azzzzzz is such a clown...he's an embarrassment to the gay community...but here he is playing peeping Tom...aka sex-offender...so off to jail he must go...Big Bubba awaits him...

[Crystal]

Girls all over the country are being arrested for child porn for pictures of themselves comparable to what Miley Cyrus has put out there herself, why isn't anyone demanding she be arrested?

[The 21st Century]

@ Crystal:

Sure, and while we're at it, why don't we also demand that rape victims be arrested for allowing themselves to be in a position to get raped? You must either be from the 18th century or Afghanistan, judging by your amazing ability to form great logic.

[Tina]

It's somewhere between James, who forgets she's a minor and so is protected regardless of Perez's 'freedom of speech,' and I.F., who refers to her as a 'little girl,' which she isn't by a long shot. What she is, is underage.

The law is the law, and frankly I'd be happy if Perez Hilton went to jail. He is a malicious twit. And that said, I think all of the upskirt photos, even if of people over 18, are crass and degrading to all involved (viewer, too).

Secondly, even if he 'shopped it, isn't that then grounds for libel? He pushed it out there as a pantyless-pic, when in fact that wasn't true. (As you can see, I'm all for anything that gets that useless wart out of the limelight and a jail cell sure sounds good.)

And to Crystal, you said it yourself. The girls you're referencing took photos of themselves and distributed them. Miley is merely there, not taking pictures of herself and not distributing them. Although it would be nice if she stopped dressing like a skank, it's her prerogative to go with whatever sartorial muse inspires her. I sure wish Tim Gunn would talk to her, though.

[Maglie]

What a freak. Absolutely disgusting human being.

[James]

How wonderful that Americans now put "freedom of speech" in quotes. This is what Thomas Jefferson struggle for, apparently.

Free speech -- until it pisses me off! Then it's "obscenity."

[James]

Crystal: oh, I don't think that either Perez Hilton or Miley Cyrus should be arrested. I think that the government should mind it's own business for once -- there really are more important things to worry about, even if you do support putting people in prison over a harmless photoshopped image.

[Lee]

Why is this dude famous????? He is a crossdresser that gets away with taking crotch shots just because he supposedly turns it into a joke....We wouldn't feel the same if a local person did that...

[CDZ from the Ministry]

Christie D'Zurilla here from the blog with a gentle reminder that we don't publish profanity, even if you put dashes or symbols into the words, and even if you use acronyms for the profanity.

If your comment hasn't gone live, that's probably why.

//cdz

[pj]

'Perez Hilton' is SUCH a scumbag! He makes his money by being a sneaky, creepy (and ironically?!) judgemental perv!...taking pics of unsuspecting celebs, then flaunting how creepy and pervy he is! Think this through-(I'm just 'tossing this out there'...) how would YOU feel if you saw that freaky freak hiding/lurking behind a (?dunno-where does 'it' hide?)ready to take a photo of YOU?! **shivers** I need to go wash my hands.....just typing about this makes me feel....dirty~yucky

[Alfie]

Perez should be arrested for child porn

[Elizabeth]

It is about time this guy is shut up and for good. He runs his seedy mouth about everything and constantly bad mouth people for not seeing things his way.

I am still pissed over the question he asked the beauty contestant. He is disgusting. Get him outa here, PLEASE!

[Mad Mom]

He photo shopped pics of her and blames others. Sorry PEREZ she is under age get ready for your jail time!!! Putting up Kiddy Porn!!! You post it you own it. Get ready to have lots of free time!!!

[Lilly of the Valley]

Perez is a scumbag and really needs to back to into his closet and stay there. I hope he does jail time for his consistanly rude freak behavior.

[marie]

you guys are rediculous i saw the stupid photo she had panties on ok if she wasnt a whore then she would have knowen better then to wear such a short skirt and not know how to get out of a car properly, yea he should of maybe not posted it everywhere but she should have knowen better then to be such a slut and to show herself to everyone. you stupid americans are so rediculous. yea shes 17 but look how she dresses seriously? a 17 year old should not dress like a prostitute.

[India Andrews]

I know Miley's seventeen, but she's got to expect photogs will want to go up her skirt when she's pole dancing, kissing girls on stage, and dressing like a whore at night club. Miley opened that door to adulthood early. If she wants to dress and act like a twenty-five year old, she had better be prepared to be treated like one, and that includes being treated like a sex object.

[Last Word]

Tina:

Hear, hear!
Well said.
WHERE have you been all my life? ! ! !

[Ralph]

This guy needs to be prosecuted to set an example to other pedophiles. Creeps like this should not be tolerated in our society. We have to set boundaries and stick to those boundaries. Perez kept checking to see just how far he could go and I guess he's finding out. I even think it should be a crime for these photographers to snap shots up any females skirt at anytime without her permission first. I hope they prosecute to the fullest extent of the law. They probably won't because he's in CA.
FYI: does it matter that he's gay? That's like saying if a straight man took a picture of a young boys penis it would be OK because he was not gay. :-/ Not good.