Filming people in public - when will the law catch up?

[perthblue]

Melbourne TikToker Harrison Pawluk posts this video:



Likes, shares, virality, adulation follow as usual.

Then, the woman featured in the video speaks out:

Quiet coffee in shopping centre turns into TikTok video viewed millions of times, all without the subject's consent

A Melbourne woman says she feels "dehumanised" after she was filmed without her consent for a TikTok video that has now been viewed more than 57 million times.

www.abc.net.au

"He interrupted my quiet time, filmed and uploaded a video without my consent, turning it into something it wasn't, and I feel like he is making quite a lot of money through it."

"Maree then realised she was being filmed a few feet away from a group of people and asked whether they were filming, to which they responded, "No""

So, dude makes a video under the guise of 'spreading love' and does not get permission from person features in video or even notify them that they were being filmed.
And this is happening everywhere on TikTok and instagram.

And the worst part is, because it is happening in public, there is no legal recourse for the people being affected. These TikTokers are not treating people like people, but as props for their own videos and profits. Not only can these people not be punished, but they can profit of using you in their videos without your knowledge and you just have to suck it up.

So when is the law going to catch up to stop this madness?

 

[akkaps]

I understand what she's getting at, but then you got someone like Daniel Mac who has turned this into a living.

 

[perthblue]

I understand what she's getting at, but then you got someone like Daniel Mac who has turned this into a living.

Not sure what you're getting at here?
Making money from featuring unwilling participants in your videos is one of the problems I'm addressing here.

 

[Power Raid]

And the worst part is, because it is happening in public, there is no legal recourse for the people being affected. These TikTokers are not treating people like people, but as props for their own videos and profits. Not only can these people not be punished, but they can profit of using you in their videos without your knowledge and you just have to suck it up.

So when is the law going to catch up to stop this madness?

I thought this was a breach of the surveillance devices act

 

[74561347]

people who do this should be set on fire

 

[Plugger35]

people who do this should be set on fire

With someone filming it and putting it on TikTok.

 

[akkaps]

Not sure what you're getting at here?
Making money from featuring unwilling participants in your videos is one of the problems I'm addressing here.

TikTok - Make Your Day

 

[mr bagcroft]

Guy Im betting is a self centered attention seeking *.

 

[Richard Cranium]

TikTok - Make Your Day

So it's okay because people are making money off it?

 

[perthblue]

TikTok - Make Your Day

Still unclear. How does this address the woman's objections?

 

[akkaps]

So it's okay because people are making money off it?

I have no clue, but I think preapproved it should be fine

Still unclear. How does this address the woman's objections?

There's one where the guy isn't very happy that he is being asked, punches the guy and smashes the phone

 

[Plugger35]

I think it's OK to film people in public as long as it's funny like the Sexy Sax Man in this video.

 

[Gough]

Op has been busted peeking behind curtains.

 

[Richard Cranium]

I have no clue, but I think preapproved it should be fine

There's one where the guy isn't very happy that he is being asked, punches the guy and smashes the phone

I think you've missed the point of the thread.

 

[perthblue]

I have no clue, but I think preapproved it should be fine

There's one where the guy isn't very happy that he is being asked, punches the guy and smashes the phone

Your original post:

I understand what she's getting at, but then you got someone like Daniel Mac who has turned this into a living.

Seemed to suggest that you understood the woman's grievances but the TikToker's behaviour was excusable because some other guy makes a lot of money doing the same thing.

Which is why I asked you to explain your position rather than tell me random stuff about the other guy.

 

[JyeDye]

I think it's OK to film people in public as long as it's funny like the Sexy Sax Man in this video.

Think the difference is in those kind of videos they aren’t forcing anyone into the spotlight. The people in public are just kind of there, background characters. The videos like these random acts of kindness force someone to become the main character when they didn’t necessarily want to be.

Unless you're Mr Beast giving me $10 000 I don't care about some flowers. Like the lady said, that would just be an inconvenience and end up in the bin.

 

[Billy ray]

My cute neighbour and her boyfriend have just made a sex tape.
I mean they don’t know yet

 

[Nothing]

My cute neighbour and her boyfriend have just made a sex tape.
I mean they don’t know yet

"step brother"

 

[tandino]

Melbourne TikToker Harrison Pawluk posts this video:



Likes, shares, virality, adulation follow as usual.

Then, the woman featured in the video speaks out:

Quiet coffee in shopping centre turns into TikTok video viewed millions of times, all without the subject's consent

A Melbourne woman says she feels "dehumanised" after she was filmed without her consent for a TikTok video that has now been viewed more than 57 million times.

www.abc.net.au

So, dude makes a video under the guise of 'spreading love' and does not get permission from person features in video or even notify them that they were being filmed.
And this is happening everywhere on TikTok and instagram.

And the worst part is, because it is happening in public, there is no legal recourse for the people being affected. These TikTokers are not treating people like people, but as props for their own videos and profits. Not only can these people not be punished, but they can profit of using you in their videos without your knowledge and you just have to suck it up.

So when is the law going to catch up to stop this madness?

Would the lady involved have IP rights?

 

[perthblue]

Would the lady involved have IP rights?

Good question for which I have no answer.

Lets ask GD's legal counsel: Caesar Croweater Impunity!

 

[Caesar]

Not a lawyer but from what I remember you as an individual don’t really have any rights around being filmed in a public place

A shopping centre is private property though so the filmmaker might find themselves in trouble with Westfield/Stockland/whoever

 

[revo333]

That's pretty tame compared to some of the stuff I've seen on TikTok.

The stuff where people actually throw stuff or make some kind of physical contact in supermarkets ect is crossing the line IMO.

 

[perthblue]

My grandmother is quite ill at the moment. My uncle posted a photo of her on facebook, she's in her pyjamas and looking quite sick and miserable on the couch.

This is a woman who never left the house without full make up and dressed to the nines. I can't imagine she'd be happy with that photo being shared with hundreds of my uncle's FB friends, many of who know her.

Privacy has gone the way of the dodo. My question, broadly, is is there anything that can be done?

 

[perthblue]

That's pretty tame compared to some of the stuff I've seen on TikTok.

The stuff where people actually throw stuff or make some kind of physical contact in supermarkets ect is crossing the line IMO.

The content of the video isn't as important as the way that she was treated as a prop. 'Dehumanised' was an appropriate way to describe the way she felt. She was immediately painted as a sad, lonely old woman by the TikToker and numerous websites despite this not being the case.

 

[Caesar]

Privacy has gone the way of the dodo. My question, broadly, is is there anything that can be done?

I think it is quite achievable to still maintain a good level of privacy as long as you are prepared to work at it a little bit

Incidentally, increased privacy is a nice side benefit of COVID making it socially acceptable to wear a mask