[ElComradio]

If you read Gawker apologia, you continually see the claim that this is going to stifle journalism. Some people aren't able to distinguish between writing a story about a sex tape and actually showing the sex tape, when the latter behavior is the crux on which this whole thing is based.

As far as gender goes, one only has to consider that if the rule is going to be "Public figure + sexual aspect to the person's persona (e.g. Hogan talking about sex on Stern) = unlimited right to broadcast sexual material", then no porn star ever has the right to private sex again. Since that is clearly unacceptable, the error must be with the proposed rule.