Five checks before sharing someone’s video online

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The widespread use of smartphones and social media has made it easier for people to record events and share videos online within seconds.

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Due to the interconnectedness of the internet, material shared in Nigeria can reach international users, even if the person featured in it is unaware of how viral it has gone.

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A video recorded as a joke, during an argument, at a party, in school or at a public gathering can be shared thousands of times before the person in it is alerted to it.

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However, many people have raised concerns, urging social media users to exercise caution before uploading videos showing other individuals, particularly when the content could embarrass, expose or put the person at risk.

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These concerns hinge on where the video was recorded, the intention of the user who published it, and how the person featured is portrayed.

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While many users focus on the number of likes, comments and shares a video may attract, the footage showing someone during an argument, emotional breakdown, accident or other vulnerable moment could expose them to ridicule, harassment or humiliation.

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Videos can also create reputational problems, particularly when they are accompanied by captions or comments that portray someone negatively.

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The Nigeria Data Protection Act 2023 has provided a framework for protecting personal data and privacy, while the Nigeria Data Protection Commission has continued to promote awareness of privacy rights and responsible handling of personal information.

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A lawyer, Elizabeth Tetede, advised that people should not assume that recording someone automatically gives them the right to publish the footage online.

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While data protection rules recognise certain circumstances involving images recorded in public spaces, the circumstances and purpose of publication remain important.

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Here are five things to check before posting someone’s video online.

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Get their consent

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Before posting a video in which another person is clearly identifiable, users should consider whether the person has given permission for the footage to be published.

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Posting another person’s video without their permission could become legally problematic if it violates their privacy or data protection rights.

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“It’s wrong to post a video of someone else without their permission and consent. However, it’s legally wrong when it violates their privacy or data protection.”

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Private or public?

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That a video is in the public domain does not automatically mean that you are free to post it on your personal social media handles.

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“The circumstances surrounding the recording and publication are important, particularly when the person was in a private setting, or the content was not being used for educational purposes,” Tetede said.

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Check what it reveals

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Before pressing the upload button, watch the video carefully to determine whether it exposes private information about the person featured.

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A recording may inadvertently reveal a person’s home, school, workplace, telephone number, vehicle registration, family members or location.

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Conversations captured in the background could also expose information that the person did not intend to make public. Consider whether sensitive details can be removed, cropped or blurred before sharing the footage.

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More importantly, consider the person’s dignity and think about defamation because a video that appears funny to the person recording it could be embarrassing or humiliating to the individual featured.

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“You can be sued for the violation of someone’s rights,” a lawyer, Adedamola Ewumade, warned, adding that posting such footage could lead to legal consequences if it violates another person’s rights.

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Consider context

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A video usually has a context. It means the background details, surrounding circumstances, and environment that give a clip its true meaning.

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For instance, a short clip can show an action, but missing what happened before or after can completely change the real story. The video context will show how the video fits into a larger narrative, trend or content ecosystem.

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Ewumade explained that a video that is taken out of context or presented in a misleading way could cause viewers to form a negative impression of the person featured.

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Check the copyright

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Another issue to consider is whether the person uploading a video has the right to reproduce or distribute it. Copyright law gives copyright holders specific rights to their video content.

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Ewumade explained that legal claims could also arise where copyright was involved.

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“Users should consider who created the video, whether they have permission to reproduce it and whether the way they intend to use it could create additional legal problems,” she added.

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