While people requesting to switch seats with other airplane passengers may not be on the top of your listof worries when it comes to traveling by plane, it’s a hotly debated issue that comes up quite often.
Recently, several newsoutletsreported on a woman who claimed she was shamed and criticized by other passengers after refusing to give up her window seat for a crying toddler who wanted to sit there.
The woman, who is from Brazil, told the Daily Mail that after she refused to switch seats, another passenger — not the minor’s parent — began filming her without her permission before posting the video online. The woman has since taken legal action against the passenger who filmed her and Brazil’s GOL Airlines, according to the Daily Mail.
A video showing the woman in her seat on the plane made the rounds on X, formerly Twitter. GOL Airlines declined to provide comment to HuffPost.
Whether or not you generally think people should try their best to oblige requests to switch seats when a child is involved, you may have some general legal questions surrounding filming on an airplane altogether.
After all, this incident is one of many filmed controversies on flights. From unrulypassengers to questionable etiquette, pressing record during an airline altercation is becoming increasingly common. Is it even legal to do this?
Here’s what attorneys want you to know.
Consider whether other people have a reasonable expectation of privacy.
Robert Baldwin III, founder and managing attorney at Virtue Law Group, explained that U.S. courts consider someone’s reasonable expectation of privacy when hearing legal arguments.
Raymond Ku, a professor of law at Case Western Reserve University School of Law, told HuffPost that airplanes are generally considered a public space, since “you’re in there with lots of strangers, [and] as a result you wouldn’t necessarily have a reasonable expectation of privacy.”
But Ku — whose areas of expertise include constitutional law, cyberlaw, privacy and copyright — cautioned that it depends on what is being filmed.
He said that surreptitiously filming someone seated in front of you would likely be seen by many as an intrusion of privacy even though you’re both in a public space.
“It’s essentially, how far is the camera or the photographer going to capture what’s occurred,” he said. “If it’s something that is visible and is available for everyone to see — or even a large group of people in the area to see — I doubt you have any reasonable expectation of privacy there.”
However, Ku said, there “should be a good argument” of an intrusion of privacy if someone is secretly filming someone else engaging in a more commonly private activity, such as nursing a child or having a personal video chat.
The recent plane seat-switching incident happened internationally. Someone bringing about a legal challenge relating to an intrusion of privacy in the U.S. would largely be governed by state law, Ku explained. And those laws vary.
Baldwin, who practices plaintiff-side labor and employment law with an emphasis on civil rights, also said it’s important to consider the context of the public space you’re in when filming other people. There are publicly owned spaces, i.e. sidewalks and parks, and then there are private-owned public spaces, such as airplanes, concert halls or movie theaters, which may have different implications, he added.
He said it’s important for all parties involved to consider “the policies of those particular private places” since venue owners may design their own policies for those spaces.
There are some other points to consider before posting a video of a stranger online.
Ku said that posting a video of someone else online, from a legal perspective, goes back to the consideration of whether that person has a reasonable expectation of privacy.
“Whether you can film it would apply generally for whether you can disclose it,” he said.
Baldwin said that after first considering whether a video was recorded lawfully — i.e., not secretly filming someone in their home — what you then do with that video “still matters.”
He said that if you decide to share the video, you should be aware of the policies on the platform you’re uploading it to as well as defamation laws or whether the video has been edited in a particular way, among other considerations.
Jodi Smith, an etiquette consultant who specializes in social and professional conduct, said that from an etiquette perspective, she recognizes that “Nowadays, you have no presumption of privacy when you step outside your home.”
“This means when tempers flare, your behavior is likely being caught on camera,” she said.
Smith said there are plenty of situations in the interest of public safety where documenting an exchange may be useful, such as after a car accident, when law enforcement arrives at a scene or if someone is making threats toward someone else.
But if you find yourself in a position where you’re being filmed without your consent, Smith recommends that you “remain as calm as possible.”
“State clearly that you do not wish to be recorded and ask that they stop immediately,” she said. “If they do not stop, ask that they move away from you. You can ask a second time, including a reason why: ‘Please stop recording, I have asked you once already. You are now making the situation more difficult. Please stop.’”
Smith said that you should try to move away from the person who is filming you without consent and look for assistance from “powerful others” — meaning people who are in charge, like flight attendants or restaurant managers.
And as for what you should do if you’re asked to switch your seat on an airplane?
Smith said it’s a “kindness” to do so, but “never required.” A polite “no” is a perfectly acceptable answer.