Industry News


Photographer Sues Hilary Duff Over “Creep” Claim on Instagram

February 25, 2021

By Hillary K. Grigonis

Photographer Darryl Wilkins as shown on the video actress Hilary Duff posted to Instagram after filming him taking photographs at her son's football game.

This article was originally posted on 11/12/21, and it has been updated with relevant information of the continuing story as of 5/9/22.

Update: A judge has tossed the defamation portion of a Los Angeles-based photographer’s lawsuit that was based on a run-in with actress Hillary Duff in 2020 when she posted a video on social media and called him a “creep.” In support of his decision, the judge cited free speech and California’s Strategic Lawsuit Against Public Participation law (SLAPP) which is designed to prevent lawsuits or the threat of lawsuits to intimidate those who are exercising their First Amendment rights. The judge also took issue with the photographer, who did not show up to a recent preliminary hearing. Read our original reporting of this case below.

Actress Hilary Duff may be best known for her roles in shows such as Younger and Lizzie McGuire, but now she might have to add “defendant” to the list. The actress is being sued for defamation after confronting photographer Darryl Wilkins for taking photos at her son’s youth football game and then posting a video of the encounter on Instagram. Wilkins filed a lawsuit against Duff (and later against talk show host Wendy Williams), alleging that Duff called him a “creep” and child predator in the post and that talk show host Williams later repeated those claims on air. The photographer, who has sued them both for slander, claims he lost work as a result.

[Read: LeBron Countersues Photographer for $1,000,000]

In the video (taken last February), Duff approaches Wilkins, who she noticed taking photos at her 7-year-old son Luca’s football game. Duff made a video of Williams with her smartphone camera as she approached and confronted the photographer. In the video posted to Instagram, Duff asks who the photographer is at the game with. When the photographer says that he does not know anyone on the teams, Duff asks him to stop taking pictures. The photographer says that his pictures are legal and offers to show ID. Duff continues to ask him to leave, saying that he is making her uncomfortable. The photographer says that he’s trying out his new camera. He is shown in the video with a Nikon Z camera and telephoto lens.

[Read: Photographer Sues Tattoo Artist Kat Von D for Inking Iconic Image]

Duff shared the video on Instagram, where she has more than 16.4 million followers, calling the photographer a “paparazzi” and “creep,” and calling for privacy laws to change. Comments on the post were mixed, with some agreeing with the actress. Others called Duff a “Karen” and said that the actress shouldn’t have posted the video. Some commenters wondered if the photographer’s race (because he is Black) played a role in the incident.

[Read: The Paparazzi Sued a Supermodel For Posting a Photo of Herself to Instagram]

According to The Blast, the lawsuit says that Wilkins was “attempting to take photographs as a photographer and not as a paparazzi or stalker or with mal intent or evil wrongdoing.” The lawsuit continues to say that, by sharing the video and discussing the incident on the talk show, Duff and Williams sought to “directly injure him in respect to his profession,” and that Duff and Williams knew the claims would be widely heard and read. (Duff’s original Instagram video has been viewed more than 2.2 million times and Williams’ clip on YouTube has around 200,000 views. Both clips remain available online but Williams’ has since been set to “Private”.)

Photographing strangers, including children, in a public place is legal in the United States. Laws can vary by state and situation, however. In California, for example, paparazzi cannot use a telephoto lens to photograph private property, even when standing on public property.

The photographer is asking the court to award general, specific, and punitive damages for the harm he’s received from the alleged slander.