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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To think we are going to see more of these cases?

18 replies

NameOutTheBin · 08/09/2023 13:26

https://www.dailymail.co.uk/news/article-12495985/Cyclist-kneed-five-year-old-girl-floor-Christmas-Day-blocking-path-successfully-sues-father-sharing-viral-footage.html?ito=native_share_article-bottom

A cyclist has successfully sued the family of a young girl he kneed out the way on an icy path after the footage went viral. (So you don't have to click on the link). The man was arrested, and because it was deemed a minor incident and justice by social media had taken place the matter was closed in the eyes of the law.

AIBU to think we are going to see more cases of people who are non consensual participants in viral footage suing the creators and that this is the tip of the iceberg? I can decide if this is a good thing or a bad thing.

Cyclist who kneed a five-year-old girl to the floor WINS court case

The footage was filmed by five-year-old Neia's dad, Patrick Mpasa, during their family walk in a nature reserve in Baraque Michel, Liege Province on Christmas Day 2020.

https://www.dailymail.co.uk/news/article-12495985/Cyclist-kneed-five-year-old-girl-floor-Christmas-Day-blocking-path-successfully-sues-father-sharing-viral-footage.html?ito=native_share_article-bottom

OP posts:
Embarrassednamechangeadoddle · 08/09/2023 13:45

I wonder how different the law is between there and the UK?

I would like to see more responsibility on sharing footage of others online without their consent. However I don’t like the thought of this kind of outcome as it seems unfair on the girls family. Surely they didn’t defame him? His actions did which they simply captured and shared?

All this videoing of others and sharing on social media is a minefield. Ultimately though I’d prefer to see a shift in general cultural around being respectful of others when filming and uploading videos, rather than too many structures laws around filming.

WhatNoRaisins · 08/09/2023 13:50

I really judge parents who release footage of their children in these sorts of disputes. At least in this case the family didn't appear to have picked a fight and the cyclist was in the wrong.

I'm thinking more of that case where a girl was cycling, dad following behind with camera, there was a couple walking on the path ahead, she clearly wanted to stop but dad encouraged her to crash into them and then put the video online. I mean bad enough sharing footage of your conflicts but don't bring children into it.

Lastqueenofscotland2 · 08/09/2023 13:51

IIRC suing people in the U.K. is quite hard.

However I thought it was reasonably common knowledge to not put things like this on social media before/while police are dealing with it. It can prejudice the right to a fair trial and mean cases get thrown out. I’ve seen a few instances of police begging those “paedo hunter” type groups to stop plastering stuff all over the internet as if it prejudices the right to a fair trial the cases just get thrown out.

LizardLizard · 08/09/2023 13:51

I don’t know anything about Belgian law or this particular case. However, I am always surprised at people’s eagerness to post this kind of material on social media.

In the last few weeks, there have been posts on a neighbourhood group of a man in the trees / bushes of a local park (just there, not actually doing anything), along with a very clear message regarding what the poster thinks his motives are. It’s been done ostensibly in the name of protecting others, but ultimately someone who may be perfectly innocent of any wrongdoing has, effectively, been labelled a criminal.

ElEmEnOhPee · 08/09/2023 15:07

I'm shocked and confused that he's won on grounds of defamation when he was guilty of what he was accused of doing? or did they accuse him of something other than what he actually did too?

I can kind of understand people sharing things like this on social media, that woman who punched her horse for example possibly wouldn't have been taken to court had it not garnered so much attention online. That said she did suffer death threats because of it which is never acceptable. When things are shared online I don't think you can ever be allowed to move on from the situation, like Ronnie Pickering who has since been assaulted on at least one occasion. I'm not sure I think that's "fair", people fuck up and should be treated appropriately where a crime has been committed but they should be allowed to change, grow and leave the crime behind them (in most circumstances at least) which just isn't possible where it's been plastered over social media.

Anyway to answer your question I think possibly there'll be more cases like this but I don't think it will happen in the UK unless actual defamation has taken place which I don't think there has been in this incident (I could be missing something).

I do think people need to be more mindful what they're sharing online though when accusing people of stuff, we have it all the time in our local Facebook group 🙄 it's usually busybodies and the stuff they're accusing people of is rarely criminal just shit parking or people looking suspicious AKA not a local 😆

Mistressanne · 08/09/2023 15:10

I think it’s like french law. In Belgium you cannot post photos or videos of others without consent.
In France you can have cctv at your own property but if a burglar was videoed you could not release the footage. The cctv would have to be shown privately to the gendarmes.

wheresmymojo · 08/09/2023 15:32

You wouldn't be able to bring a successful case for this under UK law...

Fightyouforthatpie · 08/09/2023 15:36

Maybe in Belgium, not in UK.
If you don't want to see yourself on Youtube etc, don't act like an utter thundercunt iin public, really simple.

MidnightOnceMore · 08/09/2023 15:40

Mistressanne · 08/09/2023 15:10

I think it’s like french law. In Belgium you cannot post photos or videos of others without consent.
In France you can have cctv at your own property but if a burglar was videoed you could not release the footage. The cctv would have to be shown privately to the gendarmes.

I would love this to be the case in the UK.

I'm sick of the privacy invasion in the UK.

Don't understand why the police considered it case closed though.

Fightyouforthatpie · 08/09/2023 15:47

MidnightOnceMore · 08/09/2023 15:40

I would love this to be the case in the UK.

I'm sick of the privacy invasion in the UK.

Don't understand why the police considered it case closed though.

What "privacy invasion"?
It's legal to film in public in the UK - where you don't really have much privacy anyway.
Do private stuff in private = no issue.

wheresmymojo · 08/09/2023 16:07

I agree with PP.

The public sphere is not 'private' and 'privacy' therefore doesn't apply.

(I have different views on children's privacy though where they're being roped in to social media by parents without consent in their own homes)

jugggugg · 08/09/2023 16:09

Could he not be counter sued for kneeing a child?

Ducksinthebath · 08/09/2023 16:24

I’ve never seen that picture of the incident before. Obviously the chap shouldn’t have knees the girl but the family were being unreasonable in blocking the path.

Ginmonkeyagain · 08/09/2023 16:34

There was another interesting case in the US recently where a woman sued a nursery for sharing a video of her young daughter reacting in a terrified way to someone dressed as the Easter bunny.

Anotherchristianmama · 08/09/2023 16:51

Doesn't it have to be untrue for it to be defamation?

Anyway I have no sympathy for the cyclist he shouldn't have been violent to a child.

SeriouslySeriouslySeriously · 08/09/2023 16:56

Fightyouforthatpie · 08/09/2023 15:36

Maybe in Belgium, not in UK.
If you don't want to see yourself on Youtube etc, don't act like an utter thundercunt iin public, really simple.

That bloke is a twat for not checking that little girl was ok, if that noise just before they all turned round and watched him approach was a bike horn it's weird they nobody pulled her aside, it looks like there was plenty of time to move her out if the bikes way as as it was on ice, jamming his breaks on may have caused more harm.

It's really not just people who act like thundercunts being recorded without concert and uploaded to social media though . It's very common to see people recorded with lost knowledge or consent for the sole intention of being uploaded to social media like tik tok and snapchat.

Off the top of my head just recently, I've seen a bloke going approaching people in the street with mic and camera approaching people asking questions like "what are your dream?" A family tells him they are not interested and try to carry walking, man with mic and camera keep following them and the wife tells him to fuck off and some people don't want to be bothered. Thousands of comments calling her a fat Karen and being shitty.

The recent story of a bloke who had explosive diarrhoea that went through the whole aisle has required a plane to go back and land has people trying to find out his name, other passenger have uploaded a photo of the poor man sat in a sort of plastic bag thing the staff had put in him until they got home. So many of comments about him are cruel and mean.

Young woman labelled as racist after

a tik tok dance group went along a queue of people waiting in line to see a show tapping people on shoulders to do a high five, a young woman looked startled and shook her head to a high five and huddled in to the group if people she was with and wiped her shoulder a few seconds later, she went viral with people calling her nasty racist because the man approaching and tapping her was black and she was white. The womans family had to creat tik tok account to tell people she's hearing impaired, has germ related ocd, autism and that's why she didn't want a high five from a stranger, huddled to her family for comfort and tried to discretely wipe where he'd touched her arm after he had passed and without a camera on her it would have been a none incident.

Another thing that is common is people recording in gyms and uploading vids slagging off someone simply walking in front of their cameras on tripods, or being too fat, or being too old to and some people record themselves flexing in the changing rooms mirrors and they get angry when a person starts getting changed in the background of their video , and they'll upload footage of the naked people to social media.

Fightyouforthatpie · 08/09/2023 20:27

People can make their own choices about the comments made though. Some people might think the woman telling the man with the camera to fuck off was too much, I haven't seen it but I probably wouldn't blame her.
The bloke on the bike is clearly in the wrong - if applying his "breaks"[sic] would have created a hazard then he shouldn't have been riding in such close proximity to pedestrians.

I think there's a potential value in these videos where people like Mr Bike is forced to accept he doesn't take priority over a 5 year old just because he is wearing lycra and on a bike.

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