QUESTION
If I catch a customer on video in my bar stealing from someone can I post it on youtube?
Asked on Jan 02nd, 2013 on Criminal Law - California
8 ANSWERS
Michael J. Breczinski
Yes it is not something that happened in private; but I would have you turn it over to the police instead.
Answered on Jan 09th, 2013 at 6:35 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It would speak with an attorney first, but generally what you do in public is not done with an expectation of privacy and therefore can be published.
Answered on Jan 08th, 2013 at 5:33 AM
Only if you're willing to deal with the consequences. It would be wiser to show the video to the police and let them deal with it.
Answered on Jan 04th, 2013 at 9:14 PM
Criminal Defense Attorney serving Irvine, CA
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Law Offices of Donald G. Sowers
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You should hesitate to do such a thing. If you witnessed a theft, you should call your local police department. Make a report and give them a copy of the video. Let them advise you whether or not to try to locate the victim by posting it on Youtube, etc.
Answered on Jan 04th, 2013 at 9:09 PM
Theodore M. Roe
There are several problems with doing this. First what is your motivation for doing this? If it is to punish sand humiliate the person on video, even if it is true this can subject you to a claim for intentional infliction of emotional distress. Also you could be subjected to claims for displaying the persons image without permission. You cannot use the persons image or likeness without permission. This is why you will see TV and film requiring releases from actors.
Answered on Jan 04th, 2013 at 9:01 PM
Criminal Defense Attorney serving Fullerton, CA
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The Law Offices of John W. Bussman
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Sure, as long as you aren't using a hidden camera to film people in an area where they have an expectation of privacy (e.g. in a bathroom). Be careful, though. You could be sued for defamation. Even if you win the lawsuit (because you haven't done anything wrong and this scum bag actually is a thief), you're still out the cost of an attorney, plus the wasted time and stress. Good luck!
Answered on Jan 04th, 2013 at 8:33 PM
Child Custody Attorney serving Milwaukee, WI
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Zales Law Office
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Go ahead. It was not taken in a public place and the person is a thief.
Answered on Jan 04th, 2013 at 8:31 PM
Susan Marie Basko
If you have a video that you think shows evidence of a crime, you should take the video to the police and report the crime. If you post the video onto youtube, you may be committing defamation per se, because you do not know for an absolute fact that the person was stealing. You also may be violating eavesdropping or privacy laws, as well as endangering and harassing the person that you are accusing of theft. Generally speaking, you cannot post a video of anyone without their written permission. If you post such a video, you are also violating the Youtube Terms of Service. In short, if you post such a video, you are probably committing crimes and opening yourself to being sued. If injury comes to the person shown in the video, you will be held responsible.
Answered on Jan 03rd, 2013 at 5:55 PM