WA and WB v. Mamedov
Case Law- Country
- Country Location
Latitude: 48.41413371268938
Longitude: 65.35433837544403
- Country Location (linked Case Law)
- Kazakhstan
- Decision Date
- Jul 30, 2019
- Case Status
- Closed
- Case Outcome (Procedural)
- Affirmed Lower Court
- Motion Denied
- Case Outcome (Disposition)
- Monetary Damages
- Keywords
- LGBTQI
- Privacy
- Sexuality
- Judicial Body
- Supreme Court (court of final appeal)
- Court Name
- The Supreme Court of Kazakhstan
- Case Number
- 6001-19-00-3гп/389
- Case Summary
The Supreme Court of Kazakhstan upheld fines against a man who exposed the sexual orientation of two women without their consent on social media. WA and WB were secretly recorded kissing by a stranger at a cinema. The stranger then posted a video of the interaction on Facebook, criticizing their sexual preferences and called on the women to be outed and shamed. The video became viral in Kazakhstan and exposed the women to harassment and threats, a well as led to the breakdown of relationships with colleagues and relatives. The two were forced to flee Kazakhstan for several months, and eventually sued the man for violating their privacy and sought compensation for moral harm. The first instance court ruled for the women, only for the judgment to be overturned by an appellate court on the ground that the women’s behavior was amoral. The Supreme Court reinstated the first instance judgment, reiterating that the man violated the women's right to privacy by recording them without their consent and publishing the subsequent video on social media. To protect the privacy of the plaintiffs, their names have been anonymized and the official judgments are not publicly available.
- Case Significance
The decision does not establish a binding or persuasive precedent within its jurisdiction.
- Related Caselaw (self)
- Source URL
- Columbia Global Freedom of Expression
- Collection
- CIPIT
- Date Updated
- May 16, 2024