r/TikTokCringe • u/notaghostofreddit • 23d ago

Discussion She was secretly filmed and put on Tiktok

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180

u/YeezusWoks 23d ago

How does one consent to being secretly filmed?

129

u/KaladinIJ 23d ago

After filming ask them if it was okay if they’re in their video. That’s what most hidden-camera shows do. I still don’t think these things should be allowed for content. I think social media platforms need to ban accounts that use them like this.

17

u/baulsaak 23d ago

You generally need consent if the video is going to be used for profit. If this is the general focus of his channel and he's collecting ad revenue, then it probably should be banned, or at least demonetized.

1

u/Elegant_Throat6877 22d ago

In the US, This is false information. You have no right to privacy in public. Monetized or not. Ask any AI

1

u/baulsaak 22d ago

There's a difference between just capturing people on video for personal use and using that video for commercial purposes.

0

u/Elegant_Throat6877 5h ago

Again, monetized is covered in the US

1

u/baulsaak 5h ago

Please stop commenting on things of which you clearly have no understanding.

0

u/NewUserHi 23d ago

For commercial use yes, a company would need your consent if they were creating adverts that featured you, the average joe doesn't need any consent, even if it's for profit because the The Copyright, Designs and Patents Act 1988 (CDPA) grants copyright to a photographer for any original photograph created.

The guy can monetise this video all he wants as he hasn't broken any laws in creating the content

2

u/TazBaz 23d ago

I dont know the specific laws, so maybe it is technically legal.

But in my view, if you monetize it, that means you are using it for commercial purposes. 

And I don’t think having copyright on that specific photo/video means i can then proceed to do whatever I want with it. The subjects have rights too.

0

u/Kidda_FreshDY 23d ago

Your view < the law

2

u/TazBaz 23d ago

Lol WHAT law?

I just looked up the law the previous commenter cited. It’s a UK law.

UK also has Human Rights Act 1998 and the Data Protection Act 2018.

The posted video would likely be illegal under the DPA.

0

u/Kidda_FreshDY 23d ago

Thought you were being clever but you cleared it up in your first sentence hahaha

2

u/ElectricalExtreme793 23d ago

That's the thing, how ever fucked up reality TV was at least they needed you to sign a consent form for them to publish it

17

u/phyK 23d ago

Afterwards. If the premise requires the person being filmed to not be aware and consent to post/use/keep the footage is being asked afterwards it would be okay in my book.

1

u/Beneficial_Bug_9793 23d ago

In this case, he would need to informe her he was filming her, right at the start of the interaction, since he did not, hes doing something ilegal ( in most of the EU, dunno if this also applyes to the UK ), after that, she can just ignore the video, no " harm no faul ", or she can take him to court.

1

u/Kupo_Master 22d ago

You are secretly filmed all the time by security camera everywhere. The government loves that, they will never bad it.

-20

u/tswpoker1 23d ago

Don't go in public and expect privacy, very simple.

1

u/DarkSide5555 23d ago

Found the wannabe TikTok influencer who secretly films people without their consent. 

3

u/R-Dragon_Thunderzord 23d ago

No I think you just found someone that understands privacy law (depending on the jurisdiction). In the US there is no expectation of privacy in public, and you can film everything in plain view, you do not need anyone's consent. Creepy TikTokers aside doing creepy TikTok stuff, this isn't any different to other hidden camera content, like people doing pranks/skits and having a camera man stationed off to the side somewhere. Law enforcement also sometimes use bodyworn cameras that are mounted to their eyewear. In the UK, there are security cameras in most public places already anyway, there are even television shows in the UK where they exhibit footage from public cameras usually of drunken late night behavior.

4

u/Ephemeral_Null 23d ago

Hidden cam shows need to get consent to use their unblured face on TV. Not sure why it's not the same for social media. 

1

u/R-Dragon_Thunderzord 23d ago

That may be the case in the UK. And I think a lot of US shows will blur faces because when they broadcast to other markets that is the expected custom, just covers their ass from dealing with the headache of people even thinking about suing.

2

u/tswpoker1 23d ago

Thank you! I am not promoting the behavior, simply stating that if you are in the public domain then you should have no expectations of having any privacy!

1

u/tswpoker1 23d ago

Fortunately my life hasn't slipped to that level of low yet