Consent and videos

[TinkerBelleLuvr]

What is the name of your state (only U.S. law)? Florida

In this day and age where the ability to record anything, using your phone is prevalent, how does that work with an "all parties must consent" work? A case of someone being bullied was recorded by another student. This student is 18. The other two were under 18. Recording took place in school. Principal says that nothing can be done unless posted onto social media.

 

[quincy]

What is the name of your state (only U.S. law)? Florida

In this day and age where the ability to record anything, using your phone is prevalent, how does that work with an "all parties must consent" work? A case of someone being bullied was recorded by another student. This student is 18. The other two were under 18. Recording took place in school. Principal says that nothing can be done unless posted onto social media.

The principal is not quite correct.

The crime comes with the act of audio recording without consent. There is no publication element required.

Video recording on its own, as long as it is done in a public place and no privacy has been invaded, would not (generally) be considered a crime. But there are always exceptions.

And, under the described situation, one of the exceptions could apply here.

While a police complaint over the audio recording could potentially be filed, and the police could potentially pursue the person who audio-taped the bullying incident, there is generally no injury or damages unless or until the recording is published, displayed or distributed to others.

The publication element, as a note, would not be limited to just an online, social media display.

But, if there is an audio/visual recording of a bullying incident, the principal should have confiscated the phone and turned it over to the police for investigation - more for the bullying and who did it and why the person who recorded the incident didn't report it immediately, rather than for the audio recording.


edit to add:
For recording laws in Florida, you can visit the following Digital Media Law Project site - http://www.dmlp.org/legal-guide/florida-recording-law.

For a good discussion on Florida's anti-bullying law, you can visit the following site: http://www.florida-lawblog.com/2013/07/florida-anti-bullying-law.html.

 

[Zigner]

Another thing to keep in mind is that the consent may not have been required if this occurred in a public place where there was no reasonable expectation of privacy...

 

[quincy]

True. There are facts that would need to be known to determine if the audio recording violated the law as written or not.

The bullying incident is what could create the most difficulty, not necessarily for the videographer but for those who were bullying the other student.

I certainly hope the principal did not just let the matter drop as inconsequential.

 

[TigerD]

But, if there is an audio/visual recording of a bullying incident, the principal should have confiscated the phone and turned it over to the police for investigation - more for the bullying and who did it and why the person who recorded the incident didn't report it immediately, rather than for the audio recording.

I don't have time to research it today, but I'm not sure the principal can do that.

DC

 

[quincy]

I don't have time to research it today, but I'm not sure the principal can do that.

DC

I suppose it depends on school cell phone policy but, at least in Michigan, if a cell phone is being used during school hours in violation of policy, the principal and/or teacher can confiscate the student's phone.

I also suppose I could research it some to see if Florida has similar policies. . . .if I must.

Edit to add:
The following is a link to Marion County's 2013-2014 School Code of Conduct for grades K through 12 - http://www.marion.k12.fl.us/students/docs/CodeofConduct.pdf.

What I found interesting, after a very brief review of a very long document is the following: "The unauthorized recording and/or photographing of employees, volunteers and/or students is prohibited."

There is a long section on bullying (and how to report it) and a shorter section on cell phone do's and don'ts.

 

[justalayman]

What is the name of your state (only U.S. law)? Florida

In this day and age where the ability to record anything, using your phone is prevalent, how does that work with an "all parties must consent" work? A case of someone being bullied was recorded by another student. This student is 18. The other two were under 18. Recording took place in school. Principal says that nothing can be done unless posted onto social media.

Just a note although not applicable in this situation but knowing you have a connection with MI.



Ignore the law as it is written. It is effectively a one party consent state for audio recording. It appears the MI legislators consistently have their heads up their asses and have written a lot of laws that upon review by the courts are exposed for the confusing mess they are.


In your Florida situation; is somebody seeking the recording or the bullying be addressed? Has the Principal seen the recording?

 

[quincy]

Just a note although not applicable in this situation but knowing you have a connection with MI.



Ignore the law as it is written. It is effectively a one party consent state for audio recording. It appears the MI legislators consistently have their heads up their asses and have written a lot of laws that upon review by the courts are exposed for the confusing mess they are.


In your Florida situation; is somebody seeking the recording or the bullying be addressed? Has the Principal seen the recording?

Well, justalayman, in Michigan, if you are not a party to the conversation, you are best off getting permission to record those engaged in conversation, unless the conversation can clearly be considered public and not private, this to avoid any legal difficulties that might arise from the taping.

And Michigan legislators are not nearly as bad as New York's.

TinkerBelleLuvr does not seem to be addressing a Michigan concern, however, but a Florida concern here, where the law on recording is not nearly so muddled.

 

[justalayman]

quincy;3208715]Well, justalayman, in Michigan, if you are not a party to the conversation, you are best off getting permission to record those engaged in conversation, unless the conversation can clearly be considered public and not private, this to avoid any legal difficulties that might arise from the taping.

got schooled recently on that other site that you had been to, left, came back, and apparently have left again and shown court decisions clarifying the law that others does not include the people you are speaking with.

And Michigan legislators are not nearly as bad as New York's.

not sure about that. at that other site, I am continually being shown some pretty screwed up decisions in MI.

TinkerBelleLuvr does not seem to be addressing a Michigan concern, however, but a Florida concern here, where the law on recording is not nearly so muddled.

yes and that is why I said what I did initially.

Just a note although not applicable in this situation but knowing you have a connection with MI.

Just something she can put in her repository of TUI.

 

[quincy]

I agree that Michigan has had some screwed up decisions.