Ku said that posting a video of someone else online, from a legal perspective, goes back to the consideration of whether that person has a reasonable expectation of privacy.
“Whether you can film it would apply generally for whether you can disclose it,” he said.
Baldwin said that after first considering whether a video was recorded lawfully — i.e., not secretly filming someone in their home — what you then do with that video “still matters.”
He said that if you decide to share the video, you should be aware of the policies on the platform you’re uploading it to as well as defamation laws or whether the video has been edited in a particular way, among other considerations.
Jodi Smith, an etiquette consultant who specializes in social and professional conduct, said that from an etiquette perspective, she recognizes that “Nowadays, you have no presumption of privacy when you step outside your home.”
“This means when tempers flare, your behavior is likely being caught on camera,” she said.
Smith said there are plenty of situations in the interest of public safety where documenting an exchange may be useful, such as after a car accident, when law enforcement arrives at a scene or if someone is making threats toward someone else.
But if you find yourself in a position where you’re being filmed without your consent, Smith recommends that you “remain as calm as possible.”
“State clearly that you do not wish to be recorded and ask that they stop immediately,” she said. “If they do not stop, ask that they move away from you. You can ask a second time, including a reason why: ‘Please stop recording, I have asked you once already. You are now making the situation more difficult. Please stop.’”
Smith said that you should try to move away from the person who is filming you without consent and look for assistance from “powerful others” — meaning people who are in charge, like flight attendants or restaurant managers.
And as for what you should do if you’re asked to switch your seat on an airplane?
Smith said it’s a “kindness” to do so, but “never required.” A polite “no” is a perfectly acceptable answer.
This article originally appeared on HuffPost.
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