You may not film someone where they have the expectation of privacy without their consent.
I expect that when I get dressed in the morning, my clothing will remain on until such time as I choose to remove it. Beneath my clothes, I have the expectation of privacy. Since she did not expressly consent to having her nipples on film, the expectation of privacy law should have covered the issue.
What happened here is no different than a jerk with a camera and a mirror taking upskirt shots of women and posting them on the net, then arguing that they consented to it by wearing a skirt in a public location.
I expect that when I get dressed in the morning, my clothing will remain on until such time as I choose to remove it. Beneath my clothes, I have the expectation of privacy. Since she did not expressly consent to having her nipples on film, the expectation of privacy law should have covered the issue.
What happened here is no different than a jerk with a camera and a mirror taking upskirt shots of women and posting them on the net, then arguing that they consented to it by wearing a skirt in a public location.
