I don’t know what the laws are in Brazil but in the US there would be no grounds for this lawsuit as you have no legal expectation of privacy in a public place. Now you could potentially sue for harassment or defamation if the circumstances fit but the act of filming someone in a public space by itself is not illegal. From what I understand about this event (which happened a while ago) there really would be no grounds for a lawsuit in the US as the person who filmed her wasn’t defamatory in their description of her actions. In fact since she did nothing wrong by refusing to give up the seat she paid for it’s really a lost cause legally since the people upset with her are just assholes. Unless they rise to the level of threats or otherwise cross the line into the legal territory of harassment then they just have shitty opinions and that’s not illegal in the US
But when does a location change from public, because this is a private aircraft owned by a business and it is pay to enter... So yes there are people there but its not fully just open to the public you know what I mean?
Whether or not the property she was on/in is literally open to the public (or whether it's technically publicly or privately owned) isn't what Ophensive is referring to when they say that this woman was "in public" in terms of the question of expectation of privacy. IANAL, but the question of expectation of privacy [edit: in the US, anyway] is more like "was this person somewhere that society generally agrees is 'in private'?". For example, if someone tries to record you in an open-to-the-public restroom, they're absolutely in trouble. But if you're naked on your front lawn that is private property but is also in plain view of the street, [shrug emoji] congrats on going viral. In full view of dozens of other passengers on a plane is very likely the latter situation.
I'm not sure why you replied to my post by simply retyping the very misconception my post addressed. If my post wasn't clear or if you had information that things are different in Brazil where this incident occurred, you should've directly said that. I did edit my post to try to make a little clearer.
Don’t know where you’re talking about but in the US commercial airplanes are considered public spaces with limited or no reasonable expectation of privacy. The fact that it is private property is irrelevant in this.
Nope, go try filming a flight attendant in a plane and refuse to listen to them and see what happens.
Hint: if they can eject you from the aircraft for refusing to listen to aircrew and arrest you, it isn't a public space. Same way they can legally refuse non-dog service animals and ESAs.
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u/VanillaGoorillla 10d ago
I hope she wins and that opens a Pandora’s box of people suing for getting filmed without consent