Parenting & Family

Ontario Laws on Posting Videos to Social Media

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  • Jul 30th, 2018 10:00 am
[OP]
Member
Jul 22, 2015
409 posts
75 upvotes
Ontario

Ontario Laws on Posting Videos to Social Media

I recently saw a video posted to social media where a mom was with her 3 kids at a shopping mall. One child was in the stroller outside of the store (in the hallway), while the mom and kids were in the store. Someone saw the "abandoned" child and video taped it and posted to social media. It has now been shared over 16,000 times, and viewed even more. The faces of all 3 kids and the mom are visible. I don't agree with the mom's actions whatsoever, but my question is ..... are people allowed to post videos to social media of other people's children without their consent??
10 replies
Banned
Dec 25, 2017
686 posts
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Rockwood
Acheewawa wrote:
Jul 13th, 2018 11:12 am
I recently saw a video posted to social media where a mom was with her 3 kids at a shopping mall. One child was in the stroller outside of the store (in the hallway), while the mom and kids were in the store. Someone saw the "abandoned" child and video taped it and posted to social media. It has now been shared over 16,000 times, and viewed even more. The faces of all 3 kids and the mom are visible. I don't agree with the mom's actions whatsoever, but my question is ..... are people allowed to post videos to social media of other people's children without their consent??
If you're in a public setting there is no expectation of privacy.
Deal Expert
Aug 2, 2004
28777 posts
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East Gwillimbury
Privacy is dead in the internet age.

... but consider this, if we were living in the 70s, what the mother did would be totally acceptable. Kids could play on the streets alone etc.
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Aug 15, 2015
1111 posts
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Markham, ON
I don't understand why every behaviour perceived as unacceptable have to be video recorded and posted on the internet. Sometimes, you don't even know if the video posted captured everything that happened before or after the behaviour recorded.

People don't have the decency to go up to a person and actually talk to them anymore. People are too used to talking through a screen now.
Deal Addict
May 12, 2014
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Montreal
None12 wrote:
Jul 14th, 2018 10:49 am
If you're in a public setting there is no expectation of privacy.
Certainly not true in Quebec, where the mother could sue and collect damages (see the supreme Court Vice Versa case).

Sorry, I don't know about Ontario.

As for the mother's actions, I can't say they bother me without knowing more details. (How far away she got, was kid out of sight etc.).
[OP]
Member
Jul 22, 2015
409 posts
75 upvotes
Ontario
Thanks for the responses. It's kind of scary to think that anyone can take pictures or videos of someone's children and post on the internet for all to see. I thought there would be some sort of law against this where the poster would have to get permission from the parents.
Jr. Member
Feb 7, 2018
150 posts
52 upvotes
Toronto ON
I spoke with few different cops and posted this on photography forums like 2y ago. Unfortunately in ON, it seems to be perfectly legal if it was done in a public environment. However while it seems NOT an officially defined exception, if your kid(s) were half or entirely naked (beach environment or similar) you are perfectly okay to call the police (while the person is still there!!!!! so police can catch them) and they will act.

In any other case, you can:
1) Approach the photographer and politely ask him/her to delete the pictures
2) Call the police (while the person is still there!!!), but there is little they can do - they could request the person to show the pictures and will ask about his/her intentions, eventually they will ask him/her to delete the shoot

What you can still do, BUT it is considered illegal in Canada (unfortunately!!):
- If the above 1) fails, you can act on your own, get aggressive. Personally I freak out, but the police was strict to inform me that this is illegal and I risk being the bad guy here. In my former country however you can perfectly act on your own, beat the sh*t out of the person and the police will either ignore you or even assist you, because over there we are strict about this (off the record of course)

I am especially concerned about children privacy, that's why even when I want to shoot a dog, if there is an owner nearby, I always ask the owner first. It is polite, it is nice, it is respectful and demonstrates good intentions.

2y ago (or was it a bit less) I had an incident - 7:00pm, Summer on the children's playground next to the ferry for the Pearson Airport there were just 2 kids left - my kid and another kid with her dad. I was with my wife and we were talking. On the children's playground gates there was a sign - "only adults with children can enter" it was prohibited for everybody else. It was a closed area so we left our kid to play in the middle. As we were talking I noticed a lady with very stylish black dress and clothes and huge sunglasses like in the 60s with black gloves and a nice looking DSLR (this is a big digital camera, expensive too) with a huge lens on it, like the ones for far-shooting was standing right on the gates without entering, but was pointing the camera weirdly downwards. I checked the ferry and it was not there, then traced the lens path and it was straight at my kid. I could not believe my eyes. Freaked out and went to grab my kid, standing in between the lady and my kid. Left the kid with my wife and went for the lady to ask her to delete the things, but she disappeared the way she appeared.

Back then I had no idea, just like you what I could do and is it legal and what is legal. I went to ask the cops later. They basically told me what I told you - if I called them immediately, they could try to search and find her and ask about her intentions. But they also told me she acted in a legal way.

I was more than dissatisfied, but there was nothing I could do. So that's why I am posting this as a warning. As I said, I asked few different cops in different days, so the information is 100% accurate. I am glad to read in QC this is not legal.

But again, if you can cover up your traces or if you can scare the photographer real good so he/she won't backlash, I would recommend to act on your own and sure, first politely ask them to delete, then beat the sh*t out of them and if they still try to resist/backlash, be sure to throw the camera in the lake. No person would try to shoot your kid after that for sure. In my former country the sprays are a perfectly legal self-defense tools. In Canada are not. But I would gladly pepper-spray them.
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Feb 28, 2005
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Montreal
What's this QC law you speak of ??
Koodo & Tangerine customer since 2006
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Aug 15, 2015
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Acheewawa wrote:
Jul 19th, 2018 10:15 am
Thanks for the responses. It's kind of scary to think that anyone can take pictures or videos of someone's children and post on the internet for all to see. I thought there would be some sort of law against this where the poster would have to get permission from the parents.
Before we had photography technology, people captured a moment by sketching, drawing, painting, calligraphy, etc. Let say some children from many many many centuries ago were playing and an artist wanted to document it and pull out his sketchbook and start drawing, I wonder how people felt about that.

Now, everyone can capture the moment with a click of a button and no work at all.
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May 12, 2014
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marc_t wrote:
Jul 27th, 2018 10:16 pm
What's this QC law you speak of ??
Quebec charter, section 5.
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Nov 13, 2013
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OTTAWA
FrancisBacon wrote:
Jul 15th, 2018 6:44 am
Certainly not true in Quebec, where the mother could sue and collect damages (see the supreme Court Vice Versa case).

Sorry, I don't know about Ontario.

As for the mother's actions, I can't say they bother me without knowing more details. (How far away she got, was kid out of sight etc.).
I can't imagine too many situations where leaving your kid in a stroller in the hallway is in any way dangerous. There really isn't an epidemic of people stealing kids in strollers. Has this in fact even happened once in Canada? Probably a lot more dangerous to take your kid to McDonalds statistically speaking that for sure is shortening their life by a few minutes everytime.

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