Video exploitation of Kensington’s distress is abhorrent. And it’s on us to stop.
There are over 150 content channels dedicated to Kensington, many of them filled with videos of human suffering that are monetized online. It is a microcosm of a much larger privacy issue.
There are over 150 content channels dedicated to Kensington. Many wannabe journalists think little of traveling to the neighborhood, tossing a $50 bill, and filming a semiconscious person in addiction as they recount their life struggles. These videos are then monetized and posted online, where they are available for the world to see.
This exploitation is abhorrent, and it is a microcosm of a much larger issue that is not limited to the distressed areas of Philadelphia.
Respect for individual privacy is almost nonexistent. The prevalence of smartphones makes it such that anyone can act as a member of the paparazzi, targeting ordinary people and celebrities alike. A complete stranger need only open their phone’s camera application and click away to capture unsuspecting individuals’ triumphs, embarrassments, and even death.
In Kensington, bent-over tranq users lose their dignity in exchange for YouTuber profits. Downtown, one-off moments of inebriation are recorded from across the bar and circulated relentlessly on Instagram. In the suburbs, mistakes of idle youth are memorialized online where they live forever.
This pervasive trend should be alarming, but it has become so ingrained in society that most simply take it as a part of life. The law holds that individuals may generally photograph and video who and what they please, provided they are in public places. But with that right must certainly come some added sense of responsibility.
However, the lack of restraint shown by far too many visitors to Kensington is a serious problem in the age of social media. In a world where embarrassing content is more likely to go viral, there is an ever-growing incentive for people to capture shameful moments of others and post them on the internet for all to see. These posts often constitute unwarranted intrusions, humiliations, and sometimes falsehoods — all of which can have unintended consequences.
Rather than looking to Washington for a solution, society must look inward.
Consider the case of Timothy Goodman, who was unknowingly filmed by a TikToker as he waited to cross the street. The video was posted online with the caption, “when he texts u that he can’t do dinner because he’s out of town for work but u see him crossing the streets while ur in ur Uber.” A million-plus commentators took the fictitious video as true and dragged Goodman through the coals.
In another example, a vlogger in Colorado used drones to stalk and record the homeless. In one of the recordings, a homeless woman fled from the drone into oncoming traffic.
Then there is Adriana Kuch. She tragically took her own life after she was assaulted in school, and a video of the same was circulated online.
The harm these recordings can cause is evident. While it is easy to disassociate from them, at some point this needs to be addressed. Some argue that the ability to bring legal claims related to privacy torts, such as false light or defamation, provides adequate remedies.
In response, it should be noted that many people do not have the resources to obtain competent counsel to bring such suits. Even for those who do, there is no certainty that such claims will succeed as they present high legal bars even in situations where they apply.
More importantly, such an argument ignores the fact that the damage has already been done. There needs to be a more substantial solution, and a change in the law is not the answer. The ability to record freely is fundamental to the freedom of the press, artistic expression, governmental oversight, and more. It is of paramount importance and any attempt to limit it through legislation should be snuffed out.
Rather than looking to Washington for a solution, society must look inward. Change in this regard can only be achieved through a shift in the way that people think about respect and decency in the age of social media.
An increase in followers does not justify the harm caused by amplifying the embarrassment of others. Nor does hiding behind a screen change the fact that the creation of this content is a trespass on individual privacy. Instead of ignoring these truths, recognize that everyone makes mistakes and put a voluntary end to this practice.
The next time someone is at their lowest, offer help or keep moving. Leave the phone out of it.
Michael Mellon, an appellate attorney practicing in the state of New Jersey, is working toward obtaining a Master of Laws in cyber law and data privacy from Drexel University’s Thomas R. Kline School of Law in Philadelphia.