Chinatown filming notice provokes heated debate on social media
Experts differ on how binding was the notice, which read “Crowd Notice: Consent and Release” and notified the public of filming in the area.

TheStar.com
Nov. 10, 2017
Fatima Syed

A Toronto user of the reddit social media website was walking through Chinatown when he spotted people filming on a sidewalk. Behind them, taped on the wall, was a piece of white paper that read “Crowd Notice: Consent and Release.”

The document stated that Scientology Media Productions was filming in the area, and that any person entering the area would “irrevocably consent to and authorize [the production company] to photograph you and make recordings of your voice and to use said photographs and/or recordings for worldwide exploitation . . . for any purpose whatsoever.”

“If you do not wish to be subject,” read the notice, “please do not enter this area.”

“This isn’t legal, right?” asked the reddit user.

His question galvanized a heated debate on the social media platform.

“No, a sign posted on a wall is not a consent form,” read one reply to the question. “. . . just saying ‘Haha you walked through here, too late!’ is not legally binding.”

“Completely legal,” said another person participating in the online discussion. “You should have no expectation of privacy in a public area. They went above and beyond by posting that notice.”

In an email to the Star, Scientology Media Productions said that they were shooting “an event to promote human rights” and inform people about the Scientology religion.

According to a spokesperson, the filming of the event was done inside. “No members of the general public who happened to be in the area would have appeared on camera,” read the email sent to the Star. “The language in the release form is generic language typical for the industry.”

Several expert lawyers told the Star that such notices are, in fact, a standard and common practice. “Once you film something that’s available to a larger audience, you need consent,” said Victoria Novak, a Toronto-based media and entertainment lawyer. It’s impractical and often impossible to have people in a crowd setting each sign a release, said Miro Oballa, Novak’s colleague. Putting up visible notices, however, at all the points of entry and exit of the site, which are written in a clear, big font, and identify the film production, is a way to ensure this has been done.

“I’d advise them to post enough [of these notices] up so that there is a reasonable expectation that someone entering the area knows exactly what’s happening,” said Oballa.

There are things, however, to be careful of when putting up such public notices of consent, said Nick Poon, a Toronto privacy lawyer. “If it’s just posted on the wall, how do you know that everyone who enters the area has read the consent, understands it and agreed to it?” he asks.

Wording is also important. “I would not consent to [this notice],” said Poon, raising concern about the notice’s disclaimer to use any public footage for “worldwide exploitation” and “any purpose whatsoever.”

“Most people would not agree with this,” he said.

The third concern is of minors who walk in the area; anyone under 18-years-old cannot give consent without a parent. And no one, said Poon, can be excluded from a public area.

Novak adds that such notices should make clear the exact nature of the film, whether it’s promotional material, a film, or a newsreel. Other information, such as when the material will be released, is also advisable to include.

“There are no hard and fast rules about this,” said Novak. “It’s about people being informed about what they’re consenting to.

“It’s the most practical approach to a situation that’s not full proof,” said Oballa. “The technical thing that one would have to do is to get everyone who is recognizable to sign a release.”

In order to distribute it or publish any such film, you need consent. Said Poon, “The issue is, can you get proper consent by putting it on a wall?”