Video recording/posting online

If myself and another person got into a verbal argument in the middle of a shopping mall and I video recorded it, is it legal to post the video on Facebook (for example) without the other person's consent?

Asked over 1 year ago in White's lake, Nova Scotia
Categories: Internet  Human Rights  Defamation, Libel, Slander

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I know Canada has a "one party consent" rule, and I know that there is no reasonable expectation of privacy in a shopping mall, but that is just in terms of making the video recording, itself. I am trying to find out if the act of posting the video online falls under the same law, more specifically, since I consented to the video being recorded, can I legally post it online without the consent of the other person in the video.

Posted over 1 year ago

Caryma Sa'd

Answer by Caryma Sa'd

VerifiedOntario lawyer

Using pictures/videos taken on public property (shopping mall in this case) are legal to use unless they were taken in a place where there was a reasonable expectation of privacy.

Feel free to get in touch if you would like to discuss further. Our practice areas include criminal, human rights laws and landlord and tenant board issues. You can call and text me at 647-360-7182. 

Yours very truly,
Caryma Sa'd

Posted over 1 year ago

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact Caryma Sa'd, or search the Lawyer Directory.

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