Ariana Madix appeal fizzles in ‘Scandoval’ revenge porn lawsuit

An appellate panel affirmed a trial judge's ruling that Madix's purported sharing of sexual videos isn't shielded by California's anti-SLAPP statute.LOS ANGELES (CN) — Ariana Madix, a former cast member on the reality TV show “Vanderpump Rules,” lost her appeal Wednesday in a revenge porn lawsuit by former cast member Rachel Leviss over the so-called “Scandoval” affair.A panel of the California Court of Appeals affirmed a trial judge’s decision two years ago that rejected Madix’s bid to end Leviss’ lawsuit under California’s anti-SLAPP statute because her purported theft and distribution of private and sexually explicit recordings wasn’t protected activity that concerned an issue of public interest.Leviss’ lawsuit was prompted by a scandal that rocked the reality TV show, which follows the trials and tribulations of the employees of bars and restaurants owned by Lisa Vanderpump, herself a former cast member of “The Real Housewives of Beverly Hills."For the first 11 seasons, the cast famously featured Tom Sandoval, a dashing actor, musician and bartender, and his longtime girlfriend, Madix. Their relationship was upended when Madix discovered that Sandoval was having a secret affair with Leviss. The fallout was covered breathlessly on the show and in the media, which dubbed the event “Scandoval.”Leviss argues that when Sandoval was playing a show with his cover band, Tom Sandoval & the Most Extras, his phone fell from his pocket. Madix was able to open it — she claims she knew his password — and discovered a number of sexually explicit videos of Leviss, showing her “in a state of undress and masturbating.” Leviss claimed they were taken without her knowledge.An angry Madix texted two of the videos to herself and then to Leviss, along with a message: “you are DEAD TO ME.” The videos have not been made public, although TMZ did obtain at least one of them, describing it in a news story. Leviss sued Madix in 2024 over invasion of privacy and revenge porn, a fairly new cause of action in California. She also sued Sandoval over eavesdropping and invasion of privacy.Madix filed an anti-SLAPP motion, a legal maneuver designed to quickly dismiss a lawsuit aimed at chilling free speech and public participation. A panel of judges from the California Courts of Appeal seemed to agree with the trial judge who rejected that motion because Madix’s actions were “illegal as a matter of law” and amounted to “private conduct,” and therefore not entitled to First Amendment protection.“Considering that Leviss was on a popular reality series that centered on its cast members’ personal lives, Leviss’ ‘romantic entanglements’ may very well have been a topic of widespread public interest prior to the disclosure of her affair with her fellow cast member, Sandoval,” the appellate panel said in tentative decision ahead of a hearing last May. “However, Leviss’ status as a person in the public eye does not mean that every aspect of her personal life was itself a matter of public concern.”Madix is now the host of the popular dating series “Love Island USA.”Attorneys for Madix and Leviss didn’t immediately respond to requests for comment.Subscribe to our free newslettersOur weekly newsletter Closing Arguments offers the latest about ongoing trials, major litigation and rulings in courthouses around the U.S. and the world, while the monthly Under the Lights dishes the legal dirt from Hollywood, sports, Big Tech and the arts.Additional Reads