Ashlee Difuntorum’s latest Forbes article, “Why Secret Recordings On Social Media Have Little Legal Protection,” discusses the limited legal protections individuals have when being filmed in public by a cell phone or even discreet smart glasses. As Ashley explains, once this footage is distributed online, it can cause significant distress, or even harassment towards the victims, and she suggests that the solution to dealing with this widespread issue may be public pressure if and when the law falls short.
While a person could technically bring claims against another who posts a secretly recorded video of them, it’s an uphill battle, as Ashlee explains “Defamation requires the publication of a false statement that causes reputational harm or special damage,” she writes. Instead, she points to non-litigation tactics such as public outcry, noting that,“The fastest-moving lever for change is platform policy. But platforms like Instagram and TikTok don’t always remove content on their own. Sometimes it takes public pressure.”
The head of Instagram, Adam Mosseri, is already taking action by publicly announcing the removal of videos that use smart glasses to harass people. In contrast, other social media platforms, like TikTok, can decide not to remove a video based on their guidelines. This is when an outraged comment section on the platform could assist with its removal.
“The law moves slowly. Legislation is narrow. But platforms respond to sustained outrage in ways that courts and legislatures often don’t. For now, the most effective tool available may not be the law. It’s an outraged comment section,” Ashlee concludes.
Read the full article in Forbes.
