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Disclosing HIV on the internet

Question: I disclosed my HIV status on line (through email or a chat room), so isn't that enough?

Response: Not exactly. It would be, in a perfect world. However, because things don't always turn out as swell as we'd like, it might not be enough.

When internet-based behavior leads to in-person contact, it can create traps for the unwary and I urge you to consider these issues as well. For example, it is a felony in Michigan to engage in sexual penetration without disclosing that you know your status as HIV-infected. If you are HIV-positive and meet someone in person whom you have met through the internet, and you do not disclose your HIV status, and you engage in sexual penetration in Michigan, then you have broken the law.

Furthermore, I would urge you to re-disclose in person, even if you have disclosed while first "meeting" online. The law does not make this distinction and require that the disclosure be made in person, but you know, this is where caution plays a role. The benefit of disclosing to someone on line is that, theoretically, you could print out the chat room sequence and have a written record. But unless ALL of the relevant screennames are unmistakably clear and similar to real names, you really don't have a record of much: the names may be too anonymous to defend you completely if your new Romeo decides to have you arrested.

And if you have made an assertion online that you are HIV-negative when in fact that is not the case, then the person who has been attracted to you may have a very strong case to bring you up on charges if you do not subsequently clearly disclose that you are in fact positive. And I mean clearly disclose - like in front of a witness. Oh, yeah, that sounds like fun.

Here's the thing, folks. I have no idea what anybody is observing as I go through my day, and neither do you. But I'll tell you what: the stigma about HIV remains very very high, and the courts are becoming more and more conservative. As the police and federal agents are further empowered to take formerly inconceivable steps to fight terrorism or respond to national security emergencies, their good natured acceptance of youthful hi-jinx (if there ever was such a thing) is dissipating. The laws pertaining to HIV in Michigan and other conservative states, including the confidentiality law, the felony exposure law, the partner notification process, and others, are being enforced with increasing frequency by zealous prosecutors. And it is not prudent to count on getting a generous and sympathetic judge.

While Michigan law protects all of us, regardless of our HIV status, it remains the case that people who are infected with HIV must take special precautions to ensure that they do not get caught up in some act that looks like law-breaking. If you even just let someone conclude that you are negative by being evasive or not answering a question on the internet, then the transcript or printout could make it look to some judge some day that you have lied about your status for the purpose of entrapping someone into sexual activity.

How did you fill out the questionnaire on the last personals or dating website that you checked out? If it asked your HIV status and you did not disclose, you may well be charged with violating the felony exposure law. Yours would not be the first county health department to monitor websites for people who are lying about their HIV status, and then trot that information into court. Hear me?

In 2002 and 2003, Michigan Advocates Exchange contacted a number of those dating websites and demanded that they change their profile process for Michigan residents, to allow you to fill out a profile without either having to disclose your HIV status or lie. We asked for a third option, along the lines of "Prefer not to say," or that the question be removed completely. If you find a site that forces you to disclose or lie, please call us. Instantly. And do not - NOT - fill out the profile unless you are truthful about your status.

So the bottom line is that the law requires that you disclose your status to your partner. The law was written before the internet and screen names and chat rooms were invented, so it was written when the legislature presumed you would be in the same room or at least on the phone with the person you were about to engage in behavior with. To be safe, it would be best to be clear, in person.

Of course, if it were up to me you'd get a written release confirming that you'd disclosed so you could never be sued or arrested by someone claiming that you didn't! What a surprise,  Michigan Advocates Exchange invented just such a solution. Take a look at I Disclosed! from the HIV law articles section.

 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.