On Instagram, certain accounts show people in unflattering situations. A legal expert criticizes this.
Author: Luca Fuchs
23.09.2024, 08:21
This is what it is about: There are channels on social media that show scenes from cities like Zurich, Basel or Aarau. Disturbing videos keep ending up on Instagram and Tiktok: The account “szene_isch_zueri”, for example, recently showed a drunk lying at a bus stop in his underwear.
Caption: Screenshot from a «szene_isch_zueri» video Editor’s note: To protect the people, we have pixelated the relevant parts of the image. SRF
The man, obviously a marginal person, is clearly recognizable. The accounts also publish videos of arguments or fights. The faces of those involved are not pixelated.
This is the legal situation: Anyone who films or photographs a stranger must respect their right to their own image. This is a personal right.
The right to one’s own image in children’s photos
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Children also have a right to their own image. As long as they cannot comment on it as babies, for example, parents decide what is being photographed. According to the law, they must protect the children’s well-being. “However, I have the impression that parents too often make decisions in their own interests,” says lawyer Martin Steiger.
He therefore advises not to publish photos of children if in doubt. The Swiss Child Protection Foundation also recommends that parents exercise caution here. The photos could end up on the darknet, where paedophiles can access them.
This can be violated if someone photographs others without permission and publishes the images.
From a legal point of view, clear boundary violations are shown.
This is what the digital expert says: Lawyer Martin Steiger criticizes these Instagram channels: “It is clear that such scenes should not be photographed and published.” The operators of the accounts deliberately show people in unflattering situations in order to generate reach.
“From a legal perspective, there are clear violations of boundaries,” says the digital expert. The videos also violate the platforms’ rules. “But unfortunately the platforms are largely watching.”
This is what the operators say: There are different people behind the accounts. The operator of the account “szene_isch_zueri” did not respond to SRF’s request. The person responsible for a similar channel in Basel defended himself.
The videos are sent to him and he does not want to censor them. His account shows scenes from city life that are intended to entertain the audience. He himself has deleted recordings several times upon request.
This is how users react: The videos have received a lot of positive feedback online. However, there have also been negative comments. “Voyeurism par excellence,” writes someone under the video of the drunk man. “It’s sick to post something like that,” is another reaction. And one user states: “I find it impossible and really shameful just for a few clicks.”
This is what those affected can do: If you discover a recording of yourself on the Internet, the best thing to do is complain to the sender. In the case of the drunk man, it would be the channel operator on Instagram. “If that doesn’t work, you can report the violation to the platform,” says Martin Steiger.
Help for those affected
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Have you been affected by a data breach? You can also contact the Federal Data Protection Commissioner They will examine the case and advise you how to proceed.
However, the chances of success are slim. The last step is to file a lawsuit. “But this decision is far-reaching and has financial consequences,” Steiger points out.
