top | item 45413010

(no title)

alex77456 | 5 months ago

Part of the issue is, big portion of the footage being recorded, is not worth recording, let alone publishing. (Except for personal value of the person recording, but that doesn't require public sharing)

With the OP example, people getting recorded are not bystanders catching stray camera focus, they are the subject of the video. Without other participants, there would be little 'content'. Imagine going to an indoor climbing venue, recording someone else, and publishing just that.

discuss

order

stuartjohnson12|5 months ago

Not to mention "auditors", whose goal is to use the ambiguous nature of feels-like-a-privacy-invasion-but-legally-isnt when you stick a camera in someone's face in a public place to try and get a rise out of people and prance around as victim.

I think this is a case where the reasonable person test is excellent. Is this use of a camera reasonable for personal/professional purposes

You should be expected to take reasonable steps not to victimise someone by use of a video camera, subject to public interest. That means filming strangers with intent to provoke them should be a crime but raging car park lady cannot reasonably claim to have been victimised. Consent affects what is reasonable without creating a duty-bound obligation not to film without consent.

We already have "reasonable expectations of privacy", why not flip that?

hermannj314|5 months ago

The idea of public and private needs a similar distinction like libel and defamation.

Ephemeral public has no expectation of ephemeral privacy, but me walking down a street with a handful of people on it should not lead me to expect that being recorded and having it broadcast to the entire human race, permanently, for eternity.

borski|5 months ago

“How To With John Wilson” is an entire genre of precisely this.