Digital media is slowly transforming both the social and legal landscape of our time. With such ready access to information, people can witness things firsthand happening on the other side of the country. This can bring people closer together and promote the growth of the community and the freedom of information. Millions of people connect live on social media and other platforms to take part in one another’s lives virtually.
However, this growing sector of society has dramatic implications for the legal landscape. Questions of intellectual property and privacy often arise, as thousands of people on the internet can now be a part of one person’s private life. In addition, the social pressures and new dynamics that live streaming culture encourages may introduce new complexities to the questions of privacy and First Amendment rights.
In extreme cases, some might wonder what recording a crime through a live stream might mean in New York. An experienced criminal law attorney from The Law Office of Benjamin Greenwald can help explain the interaction between criminal law and live streaming. Consider contacting our experienced legal team to learn more about your legal rights at (845) 567-4820.
What Happens When a Crime is Live Streamed?
There are several implications of live streaming a crime, and many of these depend on the circumstances of the crime and the live stream. Recording a crime via live streaming may be an effective way to collect evidence to convict the offender, as live streams may be able to provide photographic and video proof of the crime being committed. This can help clarify the situation and provide direction for the courts and legal counsel involved.
However, there may be unintended negative consequences of recording a crime on a live stream. Depending on the circumstances, a recorded live stream may be considered a violation of the victim’s privacy and may be considered unlawful. In addition, there is a chance that a live stream could be considered unlawful surveillance, depending on whether the stream was taken in a public place and the live streamer had consent from an involved party.
Constitutional Rights
With the rapid emergence of this technology, there are many legal implications of live streaming that have not been fully explored by the legal system. While the US Congress has established the First Amendment right of free speech, the ability to livestream conversations all across the globe has many unintended implications.
The right to record video and take pictures in a public place is generally protected under First Amendment rights, however, there is still much debate over how the technology of live streaming impacts legal and ethical rights. The individuals in these videos and photographs also have rights, and these are particularly sensitive when the pictured individual is the victim of a crime.
Legal Complications of Live Streaming a Crime
Recording a crime through a live stream may introduce several legal complications to a criminal case. Many of these complications are dependent on the specific circumstances of the crime, who was recording, and what the intent of the live stream recording was.
For more information on recording a crime, consider speaking with a skilled New York criminal law attorney from The Law Office of Benjamin Greenwald.
Live Streaming in Private Vs. Public Areas
While live streaming and recording in public are generally protected by the First Amendment, live streaming in a private residence or similar private area may not be similarly protected. People are generally understood to have waived their right to privacy in public, but this expectation is different in a private dwelling. Live Streaming in this environment may be considered an invasion of privacy.
Unlawful Surveillance
In addition, live streams generally prompt a culture of recording everything around them. This may not usually be an issue, but as charged or uncomfortable situations progress, it may lead to the unintended capture of inappropriate material. According to the New York State Senate, recording sexual material without the knowledge or consent of the individual is a crime. Whether this act in a live stream is intentional or not, it may cause complications in a court case.
Intent in Recording a Crime
A significant deciding factor in cases that deal with recording a crime is the intent of the one livestreaming the events. While live streaming may be an effective way to collect evidence, it may also imply condoning the criminal event on camera. In addition, some individuals may even livestream themselves committing a crime, which could add additional charges to their sentence.
Gathering Evidence
For the bystander witnessing a crime, recording a crime via live stream may be the most effective and readily available method to aid the victim in that moment. Live stream footage can be used as evidence to convict the offender and can help provide an objective reference to the event for legal counsel. Generally, recording a crime to collect evidence is protected.
Implied Consent
However, there are situations when the live streamer may witness a crime on live stream and continue to record without intent to benefit or help the victim. As dramatic scenes may increase viewership, it may be considered profiting off the victim’s suffering to continue recording a crime. If the livestreamer stands to benefit themselves by recording a crime, there may be a chance that their recording implies consent to the actions of the offender.
Additional Charges
If the live streamer does not have the best interests of the victim at heart, this may lead to additional charges. If a bystander live streams a crime committed by someone else, they may imply complicity with the actions of the offender. In addition, when it comes to sexual offenses such as rape, there may be additional charges in line with distributing inappropriate material on the internet.
What is Legally Considered a Public or Private Space?
A public place is an indoor or outdoor space that has been made available to the public by right or invitation. A private space is privately owned and not made available to the general populace.
Contact a New York Criminal Law Attorney Today To Learn About Your Legal Rights
Recording a crime may be able to help convict the perpetrator, but it also may cause many unintended consequences. The legal implications of recording a crime are complex, as they often rely on the intent and circumstances of the individual conducting the live stream. Understanding these various implications and complexities can help provide a clear course in a criminal law case. For more information, consider speaking with a skilled criminal law attorney from The Law Office of Benjamin Greenwald. Contact the office for a consultation by calling (845) 567-4820.
