Let’s imagine this scenario:
Someone is viciously sucker punched for no reason, and fells on the floor in agonizing pain and suffering for 10 minutes. This happens in a public street, in the state of California.
If someone starts recording(with a mobile phone) the victim on the ground in suffering because thinks it’s funny and then post the video on the Internet.
Is it illegal to start recording that?
Is it illegal to post the video on the Internet?
If so, what is the possible legal punishment?
Thank you.
2007-03-09 13:20:47 · 9 answers · asked by f_vidigal 1 in Politics & Government ➔ Law & Ethics
I was not punched, no one was punched. I don't want to film people suffering. IT'S JUST A QUESTION.
2007-03-09 13:32:57 · update #1
If you film or take pictures of people in suffering, that means you enjoy it, and society can not allow that kind of behavior to be acceptable. Imagine you are in suffering on the ground, and you notice that someone is recording you or taking pictures, it causes additional traumatizing suffering to the victim. By posting it on the Internet, the video will be watched by millions, will spread, and will stay there forever, that means people will joke with you AND your peace of mind, your self-esteem, and your dignity will be lost forever.
Your rights end the moment other people rights begin. Don’t do to others what you would not like to be done to you.
2007-03-11 18:47:35 · update #2
I am not familiar with the laws in California, however in Australia (where I live), it is not illegal to film someone who is in a public street generally speaking. This stems from the idea that if you are willing to go out in public, then you have no claim to dispute anybody who may see or record you, regardless of whether you have given consent.
The exception to this is if the recording is considered lewd or indecent. For instance, while it is not illegal to record somebody walking down the street, it is illegal to record up someones dress as they are walking down the street (unless you have their permission).
No in answer to your question, it would have to be decided by the courts whether filming a victim of a serious crime in pain is lewd or indecent. The definition of this may vary from jurisdiction to jurisdiction.
Obviously if the individual who was filming was also the one who punched the victim, if he or she could be identified, would be charged with assault with intent to cause actual bodily harm (or other such offence).
If I were the victim, I would firstly contact the webmaster of the website to request the material be removed. If not I would seek an injunction to stop the broadcast whilst contacting the police. It may be possible that he publishing of such footage, in a way which the victim is ridiculed, could be interpreted a inciting violence. As such the webmaster may be up for criminal charges if the refuse to remove the offending footage.
Once again the laws vary in different jurisdictions, so I would reccommend you seek legal advice in the state of California to effectively answer your question
2007-03-09 14:34:45 · answer #1 · answered by xxalmostfamous1987xx 5 · 0⤊ 0⤋
From what I understand, I think it would be illegal. Because if a person takes a photograph or records you in anyway he needs to have a consent form from you giving him permission to use your photos or video. I am not sure to what extent this goes but I have made videos and done things with photography for different programs and am required to get written consent from anyone who is in the shot.
2007-03-09 21:32:37 · answer #2 · answered by *fishy_lajean* 2 · 0⤊ 1⤋
I'm not sure, but I just think it's funny that you're asking what the punishment is to see if it's worth it even if it is illegal.
How about you just not film people without their consent? Doesn't that seem like the more respectful thing to do?
2007-03-09 21:30:06 · answer #3 · answered by kristikclark 3 · 0⤊ 0⤋
as a bystander it's not illegal to record it. but i believe it is illegal to post it on the internet without written consent of the parties on the video. that's why some people are blurred on home videos. there could be thousands in fines and possible jail time too.
2007-03-09 21:25:07 · answer #4 · answered by Your Mom 5 · 1⤊ 1⤋
Why go after the person doing the recording? You should be going after the person who sucker punched you instead.
2007-03-09 21:28:08 · answer #5 · answered by Anonymous · 0⤊ 0⤋
i don't no, but if it was me i would talk to an official person who deals with laws and not on the Internet because you can't be sure if the people are telling you the correct information and you or that person could get in a lot of trouble!
2007-03-09 21:28:02 · answer #6 · answered by Anonymous · 0⤊ 0⤋
You'd have to check but I think since its in a public place its legal but he's not allowed to record someone's voice. I could be wrong though.
2007-03-09 21:23:39 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Not illegal unless they coordinated with the individual who assaulted you.
2007-03-09 21:24:04 · answer #8 · answered by UNITool 6 · 0⤊ 0⤋
It isn't illegal, it may be used as evidence against the assault though mind..
2007-03-09 21:23:44 · answer #9 · answered by Anonymous · 0⤊ 0⤋