3 ms·

Which law does this violate?

mschuster91 3y ago
I know it's not the US, but here in Europe you'd run afoul of GDPR - filming or photographing people is an activity regulated by it. In Germany, there's an explicit criminal code protecting "helpless" persons from filming (§201a Abs. 1 Nr. 2 StGB [1]). In the US, there are numerous states who require consent for recordings, so that may be another avenue. [1] https://www.gesetze-im-internet.de/stgb/__201a.html https://www.gesetze-im-internet.de/stgb/__201a.html
- dfgfek 3y ago
  Not obvious to me, since the person in the article took money for it. There clearly is an economic transaction thus consent is implied.
  - rand846633 3y ago
    This again, the exploitation of someone in a dire situation, would be a crime in many countries. Here the reference for Germany: https://www.gesetze-im-internet.de/stgb/__291.html https://www.gesetze-im-internet.de/stgb/__291.html
- mgraczyk 3y ago
  In the US you have a constitutional right to photograph people in public. Laws only regulate what you do with those photos. Sharing on tiktok doesn't seem to violate the laws I'm familiar with but I don't really know.
  - FireBeyond 3y ago
    > If you are seeking to photograph for commercial purposes you may be required to gain permission from anyone who was involved in the film or photograph. Commercial purposes usually means that you are photographing for financial gain or to promote goods or services. When your income from Tiktok is tied to stream views etc., and you provide little journalistic content, you might have a hard time demonstrating that your stream wasn't "for commercial purposes". The ASMP (American Society for Media Photographers) who work to protect the rights of photography among other things recommends that property and other releases be obtained if used for commercial purposes and states that in some situations, a release may be "required".
dfgfek 3y ago
In the EU, hate crime laws. (Just to be clear, I think it's unfortunate that it's likely illegal - I disagree with the parent post)
- mgraczyk 3y ago
  This is not in the EU
  - dfgfek 3y ago
    I know, but TFA says that some of the people recording are coming from Europe.
    - mgraczyk 3y ago
      People from the EU still have first amendment rights within the US
      - dfgfek 3y ago
        Yes but if they post the videos and then go back to the EU (since they live there) I assume they can get in trouble.
        TulliusCicero 3y ago
        Can they? If a person from France uses weed in California, will France get mad? Seems kinda silly to enforce a country's laws on someone even when they're in another country. I guess social media makes it kind of a gray area though, since the violating act might be the upload itself (which can happen anywhere and is essentially 'continuous' even when the uploader returns to their home country).
        mschuster91 3y ago
        > Seems kinda silly to enforce a country's laws on someone even when they're in another country. It's relatively common these days. The US assumes global jurisdiction for anything that touches the US Dollar (as e.g. Kim Dotcom of Megaupload has been fighting for years now), and most Western nations assume global jurisdiction for a select few grave crimes (mostly murder, war crimes and sexual exploitation of underagers).

I know it's not the US, but here in Europe you'd run afoul of GDPR - filming or photographing people is an activity regulated by it. In Germany, there's an explicit criminal code protecting "helpless" persons from filming (§201a Abs. 1 Nr. 2 StGB [1]). In the US, there are numerous states who require consent for recordings, so that may be another avenue. [1] https://www.gesetze-im-internet.de/stgb/__201a.html https://www.gesetze-im-internet.de/stgb/__201a.html

dfgfek 3y ago
Not obvious to me, since the person in the article took money for it. There clearly is an economic transaction thus consent is implied.
- rand846633 3y ago
  This again, the exploitation of someone in a dire situation, would be a crime in many countries. Here the reference for Germany: https://www.gesetze-im-internet.de/stgb/__291.html https://www.gesetze-im-internet.de/stgb/__291.html
mgraczyk 3y ago
In the US you have a constitutional right to photograph people in public. Laws only regulate what you do with those photos. Sharing on tiktok doesn't seem to violate the laws I'm familiar with but I don't really know.
- FireBeyond 3y ago
  > If you are seeking to photograph for commercial purposes you may be required to gain permission from anyone who was involved in the film or photograph. Commercial purposes usually means that you are photographing for financial gain or to promote goods or services. When your income from Tiktok is tied to stream views etc., and you provide little journalistic content, you might have a hard time demonstrating that your stream wasn't "for commercial purposes". The ASMP (American Society for Media Photographers) who work to protect the rights of photography among other things recommends that property and other releases be obtained if used for commercial purposes and states that in some situations, a release may be "required".

dfgfek 3y ago

In the EU, hate crime laws. (Just to be clear, I think it's unfortunate that it's likely illegal - I disagree with the parent post)

mgraczyk 3y ago
This is not in the EU
- dfgfek 3y ago
  I know, but TFA says that some of the people recording are coming from Europe.
  - mgraczyk 3y ago
    People from the EU still have first amendment rights within the US
    - dfgfek 3y ago
      Yes but if they post the videos and then go back to the EU (since they live there) I assume they can get in trouble.
      - TulliusCicero 3y ago
        Can they? If a person from France uses weed in California, will France get mad? Seems kinda silly to enforce a country's laws on someone even when they're in another country. I guess social media makes it kind of a gray area though, since the violating act might be the upload itself (which can happen anywhere and is essentially 'continuous' even when the uploader returns to their home country).
        mschuster91 3y ago
        > Seems kinda silly to enforce a country's laws on someone even when they're in another country. It's relatively common these days. The US assumes global jurisdiction for anything that touches the US Dollar (as e.g. Kim Dotcom of Megaupload has been fighting for years now), and most Western nations assume global jurisdiction for a select few grave crimes (mostly murder, war crimes and sexual exploitation of underagers).