Monday 16 January 2012

Does YouTube-ing require a warrant?

An attack as it is recorded.

Dependant on each event which has been recorded on some form of media device and uploaded to YouTube, specific requirements are needed in terms of recording consent from the people involved in the footage. There have been various cases where individuals have been recorded in a public place without consent by those involved in criminal activities, and the footage being uploaded to YouTube and social networking sites and viewed by millions of viewers worldwide, resulting in the humiliation of the victims. An example of this was the formation of the previous YouTube channel Happy Slap TV which was formed in 2005 by a group of youths from South London, attacking innocent people and recording the attacks on camera phones. These videos went viral, involving the police when a man died after being attacked. The youths involved where later prosecuted and the channel shut down.
According to Ofcom, Section 8 – Privacy, any infringement of privacy must be warranted. However if public interest meaning detection of crime or protecting public health and safety outweighs the right to privacy, then that particular footage can be warranted. In previous viral cases such as ‘My tram experience’ in 2011, the footage has led to the arrest of the assailant.  

my tram experience video