Fights Broken out between Tiktok Guys and Parents at The Park

Witnessed a fight this morning, apparently some would be Tiktok guys was doing filming in a public park, however some parents having a birthday party not far away was not happy that the tiktok people was filming in their direction and was worried they will appear in the tiktok once their filming are finished.

Words got exchanged and it got physical, one of the filming guy was shouting this is a free country and we can film on public land, and the other parents was shouting back not if you are filming and have us in the video.

Interested in your thoughts on this, who is right and who is wrong here? Does the parents needs to give consent here? Or does the tiktok guys right about filming in public space? (Parks, walkways, etc)

There is alot of walking tours on YouTube, basically people with a 4k camera walking slowly and doing filming while at it. Some videos captures hundreds of people in it, does consent needed for these people?

Poll Options

  • 53
    1: Tiktok guys have the rights to film by law despite been aholes
  • 154
    2: parents have right to ask them stop as it's in a public park
  • 536
    3: Filming in public space is allowed

Comments

  • +2

    r/tiktokcringe

    • tiktok in itself is cringe

  • +2

    Tiktok Guys Vs Parents at The Park

    Would make good TikTok content…

  • +4

    In terms of the law, there is nothing wrong with videoing in public (where there's no expectation of privacy), unless it's indecent like upskirting.

    But the law isn't a shield that's going to protect you when someone walks up and knocks you out.

    Best to be sensible and read the surroundings first.

    • -2

      What about the rights to privacy? So if the law allows people to film in public, then some tiktok guy posts his video with hundreds people to see and have you in the background. Not a pleasant experience if I am the guy at the background, just saying…..

      • +9

        If you come out into public, there is not right to privacy. It's a totally different story if someone took a video of you through your bedroom window.

        Don't forget the thousands of surveillance cameras that are littered all over the place. It'd be very difficult to go anywhere without being captured on camera. And just because you may not see it, it doesn't mean that the owners of those cameras haven't posted it somewhere online or shared it with lots of people.

      • But you or your friends family will never see the video so what does it matter, maybe you should thank them for documenting that you actually existed in this world.

      • In Australia, and most of the western world, you do not have a right to privacy in any location visible from a public place. You have been filmed before, you will be filmed again, it’s the price we all pay for going out in public, this isn’t something that started with Tik Tok, it has been the case as long as cameras have existed.

    • You are right we need to change the law. In Germany you cant make someone else the subject of a photo or video without permission. This seems fine. This stops those cringe tik toks which accost strangers as they are the subject

      • Sounds good to me.

        Also hate photographers who take photos of specific people in public and publish it as art.

        • +1

          Are you ok with with retailers taking your photo/video and scanning your facial data and storing on their servers?

      • We could all learn a thing or two from Germany

      • And in this case it wouldn’t matter because they’re in the background and they’re not the subject and probably not even identifiable.

        • Yeah i didnt mean to defend these Karens. If they are truly in the background its all fine. I thonk people worry that even if they aopear to he in the background its easy to change the video so they are the subject. This is why a law like this would be good as it would allay that fear because people would know it was illegal

  • +3

    *being

    Bit of a silly poll as all 3 are correct. If it is in a public space, they are allowed to film. Parents can ask them not to, but it is only a request and playing the “MuH KiDz. or “MuH pRiVaCy!” does not apply in public spaces.

    • What other vote would you recommend? I will add it

      • +2

        There isn't another vote required.
        Legally they're allowed to do this.
        Legally the parents can ask them to stop filming.
        Legally the tiktok guys don't have to stop, as they are not doing anything remotely wrong .

        Yeah I wouldn't want to be filmed either, but you can't just hit someone for doing something completely legal.

    • Nope

  • If videoing in public is allowed, what are my rights if I don't want to be in their TikTok, Insta, Snap or whatever?
    My face gets uploaded and stored in the cloud forever (and who knows what TikToks does with the footage).

    • +1

      They can do what they like in a public place, provided it is being filmed for "private use", including uploading to social media. If being used for commercial purposes, this does not apply.

      • Would you still call it private use if that particular tiktok video view has millions views and started generate income?

        • +1

          I don't call it anything, I'm simply going off law. I think the tiktokers should piss right off personally. I have no idea at what point it constitutes "commercial use".

          Edit - jjar has clarified "commercial use" further up.

        • no, as soon as they are generating income off it, it is no longer private use. that includes influencers etc using it to make profits through sponsorships etc.

          • @gromit: It’s irrelevant. They can profit all they want from it, it’s still legal and doesn’t require your permission. There’s no such thing as requiring it be for private use. It’s only required that the photo/filming be taken from a public place (even if it is of a private place.)

            There’s separate laws that cover indecent photographs etc.

            They can’t use it to represent you endorse a product, but that’s it. They can sell 8x10’s of your face and it’s perfectly legal whether or not you consent.

            https://www.artslaw.com.au/information-sheet/street-photogra…

  • -7

    I was in Costco the other day and a woman jumped on the floor and started twerking just out of nowhere nobody was even filming. I didn't even react because it's completely normal behaviour these days.
    Parents need to catch up and process that it's 2023. Everyone has a phone with a camera, anyone could be filming with you in the background at any moment it's just most of the time you simply don't notice so deal with it.
    In fact I think those people who get triggered and tell people to "STOP filming ME" have something to hide that's why they want the video deleted.
    The only reason I can think of that upset the parents is they thought that the Tiktokers were giving a bad impression/influence by doing Tiktok degenerate stuff and they didn't like that so wanted them to go somewhere else.

    Edit: Also isn't it better that someone with a phone could be filming at any moment? People behave their worst because they think nobody is watching. If we didn't have phone's on record already we wouldn't capture those racist karen meltdowns.

    • +5

      …and a woman jumped on the floor and started twerking just out of nowhere nobody was even filming. I didn't even react because it's completely normal behaviour these days.

      That is so not normal behaviour!

    • I thought you were referring to this for a second:
      https://www.reddit.com/r/mildlyinfuriating/comments/10w9v7i/…

    • Maybe she won the lottery? Or just having a really good day? Or there is a camera somewhere you didn't see it?

      • -1

        No she was just trying to impress her friends. You pretend to fall down and start twerking, it's a thing to get a laugh from your friends.

        • +1

          Oh ok…..this is way beyond me then…..

  • -2

    Tiktok knobs have the right to film BUT they do not have the right to film and distribute minors.

    In that regard, parents absolutely should ask them to film elsewhere and all film with their party/children deleted.

    • +8

      Tiktok knobs have the right to film BUT they do not have the right to film and distribute minors.

      You sure about that?

    • +1

      The key thing about public places and filming/photographing is that there a difference between what is legally ok and what is morally ok.

      • The problem with this is that with "legally ok" everyone is on the same page, it is written down, and everyone has to accept it. "Morally ok" changes based on the person. What is morally ok for some, is not for others.

        • +1

          Absolutely, that was my point.

          Which is why comments like

          BUT they do not have the right to film and distribute minors.

          need to be fact checked properly, as this is where a persons views on what is “morally ok” (or what they think should be “legally ok”) overshadows the actual legalities.

          • @jjjaar: I think when it comes to Tiktok morality doesn't apply and that still racks up millions of views……

  • There is alot of walking tours on YouTube, basically people with a 4k camera walking slowly and doing filming while at it. Some videos captures hundreds of people in it, does consent needed for these people?

    Also why is nobody addressing OP's question here?

    I don't know enough about law to know but I am also curious. I have seen these channels from all over the world, showing very crowded streets of US/Japan/Korea/South america etc. How can you ask every person in the video and get them to sign a piece of paper to agree?

    The way I see it, if you are filming something else as the subject and everything else is just far away blurred in the background I don't think you need to ask those people for permission. But in these 4K walking videos you can actually see people's faces.

    • Not only do you see them, there is a lot of click bait where they put up a pretty girl on the cover, only to see her for 1 milliseconds. Doesn't she has rights to privacy and not be seeing by the millions?

      • Doesn't she has rights to privacy and not be seeing by the millions?

        Yeah quite obvious they are exploiting her appearance for clicks/views. Honestly when I thought about it, I thought they must have the idea of "if someone complains, I will censor them and reupload" and I guess very rarely someone complains because it's pretty unlikely that random person will see themselves in the video (but I am sure it can happen).

        • Yes that's true, not likely she will see it as there is just too much content lately

          • @Aerith-Waifu: Also the videos are like 2 or 3 hours long sometimes? So only way they will notice if the thumbnail is really high quality on a big screen.

            • @harshbdmmaster718: Yes many does, they even took a photo of that person and started following her is some of the stories I have seen on Reddit

              Bloody creepy as hell

              • @Aerith-Waifu: It’s perfectly legal to take a photo of someone and use it in the thumbnail. Following someone may come under stalking laws. Nothing to do with the photography itself though.

                Anyone in public can have their photo taken, close up even, and that photo sold. There’s people that do that as a full time job……

  • +12

    Lmao parents think they own the park? Honestly, if you’re in public, expect the public to see ya!

    How can one expect that level of privacy, in a public space? Ahaha

    http://www.artslaw.com.au/images/uploads/Street_photographer…

    https://lawpath.com.au/blog/legal-film-public-places

    The TikTok ppl have just as much right to be there doing their stuff as the parents do hosting a party.

    • -4

      This is different just been there, this is been filmed on and uploaded to the Tiktok for millions to see. Any many of them generate income too

      • What about peoples holiday photos/videos with loads of people in the background that they upload to public Facebook/insta accounts?

        In fact, at one point Facebook was planning to use their face detection technology to notify you of photos that other people had taken of you…

      • +2

        And any one of the millions are free to come to the park.
        It’s easy. If they don’t wanna be seen by strangers, don’t go out in public.

        It’s the world we live in. Public means just that.

        The parents are making their kids party a public event. That was their choice. It could have been private.

      • +4

        'Millions' hyperbole much? a couple of randoms in the background of video for a fraction of a second probably out of focus anyway - perfectly lawful - threatening/intimidating someone for filming in public - well that is unlawful.

  • On a side note, I honestly don't understand why there's so much sensitivity and paranoia around kids these days. I mean, if people are so concerned, why even let their kids be seen in public? What difference is it if the kids are actually seen in person at the park vs in the background of a video?

    It's a bit crazy to automatically assume that every guy is a pedophile. Rules even exist to not allow men to sit next to an unaccompanied child on the plane.

    • -5

      Because there is a lot of kids been kidnapped by stranger these days.

      • +3

        If someone wants to kidnap a kid, they would have to be there at the time. They cant exactly kidnap the kid through a video.

        • -1

          You never heard about the case where the WA girl got kidnapped from a 4 man tent last year? The guys stalked the family house for days.

          • +1

            @Aerith-Waifu:

            The guys stalked the family house for days.

            But he stalked them in person, right? Not through a video or photo.

            • -2

              @bobbified: An idea can start from anywhere. Just saying

              • +1

                @Aerith-Waifu: If someone has sick ideas, it's not exactly hard to go sit at the park and watch kids play.

                • +6

                  @bobbified: Also, a quick google search kinda indicates kidnapping per 100,000 has gone down over the past few decades. So it’s actually safer than ever before…

                  • @2024: And I'm willing to bet that a large number of these kids are "kidnapped" by the parent that lost the custody battle.

                  • +3

                    @2024: The problem is that media hysteria has increased.

                  • +1

                    @2024: Stop bringing your pesky facts into an argument!

                    Won't anyone think of the children?

          • @Aerith-Waifu: Is that true? Can you provide a source for the claim the guy (Terence Kelly is one person) "stalked the family house for days"?

      • +2

        Wouldn’t someone filming in public help if they accidentally caught a kidnapping in the background?

        I know your point was they could be filming a kid they want to kidnap, but you can spin this both ways.

      • +1

        Lots of kids being kidnapped by strangers? Do you have stats on that? Sure, there are some, including high profile cases, but it's not like children are being snatched off the street on a daily basis.

      • The real conspiracy is the kidnappers were photographing for a Wayfair Catalog not TikTok https://www.beautifuldayblog.com/2020/07/11/the-wayfair-scan…

    • +2

      Thats a great rule to be fair. Who wants to sit next to a wild kid

    • I think the airlines with those policies ditched them. On the one hand, it was an offensive and digusting rule… on the other hand, a lot of guys were happy to not have to sit next to kids.

      (My experience as a kid flying, and of unaccompanied kids on planes, is that kids take up less room and don't spill over into your seat so that is a win, and they're probably not being sent alone unless they're mature, quite, sensible, smart cookies who've flown a lot before and have a better understanding of flight etiquete than most adults.)

      • I think the airlines with those policies ditched them.

        I reckon they've taken those rules out of their policies, but it's still an 'unwritten' rule amongst their staff.

    • Are you even a parent? How would you feel if it happened to your kid?

      • +1

        How would you feel if it happened to your kid?

        If what happened to my kid? I don't have kids, but if I did, why would I have a problem with them being in the background of someone's video? Am I being ignorant? What exactly can they do with a video that makes so many people so concerned? That's what I've been asking. And then why are people not concerned when their kids are playing outside in plain view of the public for everyone to see. Is there something that the camera can see but human eyes can't?

        I would really like to understand.

        • Go to any of your kids performances, concerts, hell even at gymnastics or sports practice and there are no filming/picture signs and warnings everywhere.

          • @mrvaluepack: They've put those signs up as a response to lots of peoples' concerns.

            What I'm trying to understand is why so many people are so concerned…. or as a parent, why are you so concerned? Or are you concerned because everyone else is concerned?

            • @bobbified: Concerned of pedos. Would you like the thought of someone jacking off to videos/pics of your partner or mom?

              • +2

                @mrvaluepack: I'm sure there are already people who do that. Some of my exes are quite hot! 😁

                But it's exactly what you call it - a thought. How do you know someone is jacking off to a picture or video of your kid? And why would you even assume that in the first place? I really think the thought could be a reflection of what's in your mind (paranoia) vs reality.

          • @mrvaluepack: The signs are there:
            1) to protect kids in DV situations from appearing on socials
            2) to protect the ‘offical’ videographers revenue stream

          • @mrvaluepack: In a private venue the venue owner can restrict photography as a condition of entry. They usually do this to sell the official video.

            Note if the venue was visible from a public space it’s still legal to photograph from the public space no matter the number of signs. There are however laws against photographs being taken for indecent purposes, which is enough to cover the types of activities people are concerned about without making it impossible for people to use cameras in public for fear of accidentally capturing another person.

            People are photographed and filmed all the time, there’s security cameras in just about every public building. The only way you can avoid it is to never be seen from a public space.

      • Yes. I’m fine with it. I don’t get salty at the guys behind the cameras at the Christmas pageant. Or at festivals, parades and other things we go to. Or other groups taking photos and videos.

        What did happen? Wasn’t it just a bunch of guys making TikToks? They didn’t take creepy shots of the kids, did they?

  • +1

    OP you missed an opportunity to film the next Tiktok hit . They would luv rubbish like that using the appropriate key words hehe .

    • -1

      Well I don't think it's a good idea for me to head in when the two parties already exchanging fists

  • +7

    tiktok, youtubers, influencers and the like are a cancer and blight on our society

    I hope it fades to obscurity one day

    • Won't get better with the new generation though, if not it will only get worse ….

  • +5

    Unless the park had a bylaw about not filming others without their consent, I don't see what the problem is. Those TikTok guys were just as likely to end up in the background of a Facebook video recorded by one of the partygoers.

    • I actually never seen any parks says no filming allowed. So that's totally out of the window.

    • +2

      Exactly. Did the birthday party involve singing happy birthday? Did the attendees film it? Did they ask anyone in the background for permission.

      • +1

        100% spot on.
        There are specific laws regarding indecent images of kids.
        But trying to use a public space for making videos, with a bunch of kids and adults having a noisy party and ruining your enjoyment of a public space, while inadvertently videoing some of them in the background, doesn’t really seem to meet that mark.

    • I agree and even if there was a bylaw, it is for the council policy officer to enforce - Not random park users. What are they going to perform a citizens arrest for possibly infringing an administrative rule.

      • Which I am regretting not stay till the end, wonder if the cops was called in the end.

  • +3

    Filming is legal in public places only for personally use.

    A friend is in the industry and council approval is required if done commercially.

    So if these guys are TikTok guys filming for the purpose for uploading on TikTok approval is required and unless they have council approval it’s illegal.

    • Does the same law extend in film in shops? Sometimes ago there is a girl doing product reviews in Kmart, she wasn't bother anyone so I didn't think too much at the time and the staff didn't even batt an eye. In this instance does she actually needs permission from the store to film even though she is only concentrating on a few products?

      • +1

        A shop is private property so it is up to the owner or someone representing them as to whether photography of any kind is allowed.

        As to whether she has to seek permission, I’d assume that because staff were aware and permitted it, that was all the permission she needed.

        Quite often though you’ll see “no cameras, no skateboards, etc on the entrance to malls.

      • +1

        Some stores may have a conditions of entry, and this may include “no filming without permission from the manager” or similar. Some people may seek permission, others may not. Though if you are in the background you would have more avenues as it is actually a private place.

        Somewhat related - not sure if it’s still the case but there used to be signs in the Melbourne City Loop stations that says you needed permission to film there.

        • What about common areas like inside the shopping centre but not in a shop? Such as resting place or outdoor benches but still inside the shopping centre? Now I think back, this is not the first time I see someone doing videos, I just didn't think too much at the time

          • +1

            @Aerith-Waifu: That’s still privately owned by the shopping centre, so they would have their own conditions of entry.

            Next time you go to a mall, check around the doors into the mall itself, as it’s often displayed here. And then check the individual shops too. Sometimes they may defer you to a website for the full conditions.

          • @Aerith-Waifu: I found this information regarding filming in Chadstone on the Vicinity website (the organisation that owns Chadstone):

            Media must seek permission to film, photograph or conduct interviews at any of our centres. Please submit requests in advance to Vicinity Corporate Communications.

            https://www.vicinity.com.au/portfolio/our-properties/chadsto…

            • -2

              @jjjaar: Interesting indeed, at least if someone come to me to open the water bottle I can say don't put me on your video

Login or Join to leave a comment