I don't think it's absurd at all. Because there is no place you can draw a solid line. You could say, "Well, yeah, in the picture my vagina was clearly visible, but I WAS wearing shorts!
At what point do you draw the line between flashing in public then trying to sue the photographer, or just a little nip slip that you don't want published? Answer: there is no such point. It's too arbitrary. Wherever you try to draw that line, somebody is going to get in trouble over something they didn't intend to do.
The only rational place you can draw a line is to say: if you don't want it seen, don't hang it out where it can be seen.