One of Hollywood’s most notorious gossip columnists found himself in a storm of controversy over a picture he published that was said to show Miley Cyrus, 17, wearing no underwear.

Critics said the photo, published on Perez Hilton’s twitter page, was child pornography. In reply, Hilton published a picture from the same paparazzi series that showed, he said, that Cyrus was wearing underwear.

He also published a brief video statement that acknowledged he had called the teen superstar degrading names in the in the past. In the video, Hilton, wearing in a short fur jacket that made him appear naked underneath, took a flippant tone about the whole issue. He said he originally published the picture because it showed Cyrus exiting the car “in a very unladylike fashion” and that he wanted to encourage her “to be ladylike.”

Read Miley Cyrus: Good Girl Going Bad?

But what Perez is facing isn’t funny. Although some onlookers (and at least one fellow Betty) said Cyrus should not be showing her crotch area at her age. But Jeffrey Douglast, a Los Angeles attorney interviewed by www.Salon.com said the responsibility for child pornography rests with the distributors, including Perez and the photographer who took the picture. “We’re not talking about a misdemeanor,” he said. “You don’t have to know what the definition of the law is—all you have to do is knowingly distribute the photograph.”

The picture, taken at a photo shoot for the Tesla electric car, showed Miley getting out of one of the vehicles. Some observers said it appeared to be photoshopped, but Douglas said that wouldn’t make any difference. “Under the law,” Douglas said, “it is still a crime and is punishable just the same.”

Some fans blamed Cyrus for the episode. “Miley thrives on publicity and now she wants to rock with the big girls,” said one poster on the www.popeater.com board. Added another one, “She is very calculating in the direction in which she is going with her image.”

After the controversy blew up, sites that had published the image took it down. (Salon.com)

Tell us: Do you think the photo of Miley is child pornography?

Jane Farrell is a senior editor at BettyConfidential.

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