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HIV on the Internet

Question: Is it wrong to talk about somebody's HIV in an internet chat room?

Response: What do you think? As is so often the case when you ask a lawyer a question, the answer begins with "It depends...".

If the person you are talking about is participating in the discussion, as when people are talking about particular medicines or doctors or something, and they are participating voluntarily, then it would certainly seem like they were giving their explicit permission to talk about their own private health information during the conversation. Whether they would agree to you continuing to talk about their HIV status or their health after the conversation is over is another question, and if you aren't sure you have permission then don't press your luck.

If the person you are talking about is participating but it is not voluntary, as when someone wanders into a chat room to discover that they are the subject of everyone else's speculation and gossip, then it would be wrong to imply that they were giving permission to the conversation just because they jump in to defend themselves.

In fact, it is rude and bad manners and inappropriate and all those other things that your grandmother might say if she caught you behaving badly.

If the person you are talking about has no idea about the conversation, and probably would not permit it if they knew, well, that's gossip. Stop it.

If the person you are talking about is behaving in such a way that you feel like it is your job to notify the entire planet about their HIV status, please be sure that you have the proper credentials to do so.

If it really is your job to do this, then you've been properly trained on how to perform partner counseling and referral legally, even in the case of someone who has been identified as a health threat to others, and a great deal of time was spent during a job interview talking about this work. If you do not get a paycheck for this, and you have not been trained how to do it properly, and you somehow think that posting someone's HIV status on a website or chat room is going to change their behavior, then I suspect you are not legally qualified and so yes, this would be wrong. In such a situation, here in Michigan you can call the local health department (there's one for each county: get your phone book), ask to talk to the HIV partner counseling person, and then tell them. They have been trained, are paid, are prepared, and will handle it. It is their job, not yours.

And I would like to suggest a very obvious strategy. If you are violating the law, stop it. If you are behaving in a way that could be interpreted as a violation of the law, stop it. If you are afraid of explaining what you are doing to your mother or a judge, stop it. Now. Immediately. You are not safe from detection simply because you live alone so no one is going to walk in on you and see your computer screen, or because you've got some clever screen name that nobody is ever going to decipher.

(You know, as a footnote, let me remind you to listen to the news reports when somebody is charged with computer-based or internet-based crime. The first thing the police drag out of their home or office is the entire computer. Guess what? Michigan's HIV confidentiality law involves both civil and criminal penalties. If the police become involved in investigating charges against you for criminal behavior in chat rooms, you might not be able to get to your computer to wipe it clean. So much for the clever screen name.)

If you have ever heard me hollering at a training then you know that disclosing someone's HIV status without their permission is absolutely against Michigan law unless there is some clearly applicable exception. If you disclose someone else's HIV status in an internet chat room without permission while you are sitting in Michigan, then you are violating the law and you should stop it.

You know that releasing someone else's private secrets can violate Michigan law. Again, if you are doing this on the internet, even casually, even accidentally, or even with some misguided understanding of what is in the other person's best interests, you should stop it.

You know that negligently or intentionally or maliciously saying false statements about someone, if they cause special harm, or if they harm the person's reputation or cause others to not deal with the person, violate the law of defamation. For example, saying someone has AIDS when they do not have AIDS can be defamation depending on the rest of the facts and circumstances. So if you are doing anything that either is defamatory OR could be interpreted as defamatory, stop it.

BOTTOM LINE: In Michigan, yes, it is more than likely going to be unlawful to disclose someone else's HIV status in an internet chat room.  It would be easy to make a case against you if you are sitting in Michigan when you do it, and I could probably make the case if you were sitting someplace else but communicating with someone who was sitting in Michigan, and I could maybe make the case if you were sitting anywhere at all and the news floated across Michigan on a vapor cloud headed to someplace on the other side of us. Wireless internet is great, but shoot the wrong information across the border into Michigan, and be ready to explain yourself. Or just keep quiet.

(For more thoughts on HIV and the internet, see the next question.)

 Answered by Kendra S. Kleber JD

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Explaining HIV/AIDS-related legal rights and responsibilities in support of the self-sufficiency, independence and quality of life of people living with HIV/AIDS.

NOTE: The information on this site and in this message is not legal advice, and does not create or imply an attorney-client relationship or an offer to form such a relationship. It is just an opinion. Follow it, ignore it - your choice. But it is not legal advice upon which you can or should rely without consulting an attorney to advise you on your particular situation based on your particular facts and circumstances.