'Dancing With the Stars' Pro Sued After Posting Offensive Meme

Val Chmerkovskiy is being sued after posting a meme about childhood obesity featuring a girl with Down syndrome.
5:07 | 02/02/16

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Transcript for 'Dancing With the Stars' Pro Sued After Posting Offensive Meme
on this Tuesday morning and now to that social media lawsuit that's reminding us to think before we post. "Dancing with the stars" pro Val chmerkovskiy is being sued for $6 million over a meme he shared online. "Nightline's" juju Chang is here with all that. Good morning, juju. Good morning, robin. There's a reason why everybody's mother always says it's not what you say, it's how you say it. Being sued for defamation and emotional injury reminding us a quick meme can have lasting impact. ? Can you come out tonight ? Reporter: He's known for his saucy moves and once winning the mirror ball with Rumer Willis on "Dancing with the stars" but this morning, Val chmerkovskiy is in legal hot water for sharing this meme with his 300,000 plus fans on Facebook. The text Reading, letting your kid become obese should be considered child abuse. The girl's family now suing chmerkovskiy for $6 million saying he humiliated a girl with down syndrome who's at much higher Rick for obesity. And since then over -- close to half a million followers of this credit have apparently viewed this same image. Reporter: According to the lawsuit, the girl was 8 years old when the photo was taken unbeknownst to her at a baseball game. The photographer also being sued by the family posting it to flickr with the caption, everything that's wrong with America back in 2008. Skylar's older sister was surfing on her social media Facebook page and happened upon a site by Valentin chmerkovskiy where he had used this image of her little sister and she was shocked and surprised. Reporter: The backlash on social media against chmerkovskiy was swift. One person writing, not cool. I agree with the fact that parents need to encourage healthing eating but you don't have to put down this child to do it. Reporter: While others are standing by the dance pro using #isupportval. He was not aware the girl had down's syndrome and took it down before there was any legal action. He never meant to offend anyone. He was trying to start a conversation about what's healthy and not. Reporter: Val taking to Twitter to plead his case. One day you'll hear my side of the story, if anyone will still be listening. The family is not only suing the photographer but cbsnews.com for reposting it. Now Val who is known for visiting sick kids in the hospital has a lot of supporters online. He later posted I have no decide to discriminate or shame. He says he just wanted to spark a conversation about childhood obesity and that is something he very much did. Guys. He just sparked another conversation. All right, juju, thank you. Going to bring back Dan Abrams. So heard about the lawsuit. Does the family have a case. It's not easy. First of all this picture was taken allegedly at a game, right, so she doesn't have an expectation of privacy at the game. It's a public place. You can take pictures of people in a public place without them having an expectation of privacy. He's also allowed to express his opinion about things even if it isn't nice. The question is as a legal matter in my view, defamation doesn't work, I don't think. I don't think he'll have any real shot with regard to invasion of privacy. They will but the question is, intentional infliction of emotional distress is one of the allegations here. How do you prove damages to the amount of $6 million. First of all the conduct to win on that kind of claim has to be so outrageous, because it's not -- you could always claim something is intentional infliction of emotional distress because it's mean and because I didn't like it and it made me unhappy. It has to go to another level to be able to be that tort. Damages are really interesting questions because when you're talking about a child you a"you're so vai vain"'s not talking about someone who has lost wages or opportunities for jobs, et cetera, it's really just the mew millation factor. Even if they were to win what is a difficult lawsuit damages would also be a tough thing for them to prove. As I said Val is sparking a conversation about can you ever be sued for reposting something? Are there any instances where that could get you into a lot of trouble. Yes, you got to remember that on social media you're effect effectively a publisher now. You are now publishing the same way anyone else is publishing information out there. So if you say something that is liable louse or slapdzerrous your defense can't be, well, it's my Facebook page, I can say whatever I want. You can say whatever you want and someone can sue you for what you said on there. Same thing goes with regard to sharing something. If you are sending it out, you are publishing it, you can be held responsible for what is in that -- Even if you're reposting it. Even if you're reposting, you're still the publisher. All right. Just pause before you hit that send button. You got to think about it. This is serious stuff although I don't think they'll have a particularly strong lawsuit here. Thank you, Lara.

This transcript has been automatically generated and may not be 100% accurate.

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