Filming on mass transit in Toronto, Canada. Legal?
July 6, 2011 9:42 AM Subscribe
Filming on mass transit in Toronto, Canada. Legal? ... A friend of a friend of mine was on a Toronto streetcar when a fellow passenger complained about the delay to the driver. The driver threw a fit and decided the passenger had to leave or she wouldn't drive on. The passenger refused. The driver called an inspector. The inspector sided with the driver (of course). My friend captured this on her cell phone video. When the inspector sees the camera (which was in clear view the entire time) he walks over and smashes the camera out of her hand (he didn't ask her to turn it off first). My friend wants to post the video but is unaware if filming on the transit system in the city is illegal as faces are clearly visible. I saw the video and was shocked and want it spread wide. Legally, what's the situation?
Personally, I think she should press charges against the TTC and driver--the man is huge and intimidating and by no means is he delicate at swiping at the camera. Thoughts?
Personally, I think she should press charges against the TTC and driver--the man is huge and intimidating and by no means is he delicate at swiping at the camera. Thoughts?
Best answer: According to this page, TTC bylaws (which have the force of law on TTC property) expressly forbid filming for commercial purposes, and even for non-commercial purposes you have to stop if asked.
Really, though, if you want to be sure you should talk to a lawyer. I'm not a lawyer, and I don't even live in Canada.
posted by Johnny Assay at 10:01 AM on July 6, 2011
Really, though, if you want to be sure you should talk to a lawyer. I'm not a lawyer, and I don't even live in Canada.
posted by Johnny Assay at 10:01 AM on July 6, 2011
Can i strongly encourage you to send the video to media outlets like the Star, blogTO, etc? also try tweeting the incident to @bradttc, who is the director of communications for the TTC and is often a first point of contact. You can also lodge a direct complaint with the TTC via their website, but really, media attention is the best way to draw attention to this.
posted by modernnomad at 10:17 AM on July 6, 2011 [3 favorites]
posted by modernnomad at 10:17 AM on July 6, 2011 [3 favorites]
Best answer: From transit commenter Steve Munro's blog, concerning an incident involving Metafilter member Joe Clark:
In Bylaw Number 1, section 3.17 states:posted by TimTypeZed at 11:20 AM on July 6, 2011
3.17 No person shall operate any camera, video recording device, movie camera or any similar device for commercial purposes upon the transit system without authorization.
Note the term “commercial purposes”. Elsewhere on the site, there are two pages dealing with filming on the TTC. The page I have linked contains the following:
Tourists, families and individuals filming or photographing within the public areas of the transit system for non-commercial purposes, are not expected to contact the TTC to obtain permission or a permit so long as such filming/photographing does not interfere with the safe and orderly operation of the transit system and/or our customers.
Response by poster: Thanks for all the answers.
She apparently overcame her fears and just did an interview with CityTV for broadcast tonight.
posted by You Should See the Other Guy at 11:52 AM on July 6, 2011
She apparently overcame her fears and just did an interview with CityTV for broadcast tonight.
posted by You Should See the Other Guy at 11:52 AM on July 6, 2011
Noncommercial photography is permitted as of right. If challenged, absolutely insist that the challenger walk over with you and read the bylaw. If they won’t, walk away immediately.
If challenged as to the commercial nature of the photography, state that only you can decide if it’s commercial or not and you had already decided it isn’t. If they still protest, say the following (if on a surface vehicle): “Well, go press yellow, please, and bring the constables down and we can have a discussion” or (if in a station) “Go call a supervisor down, please.”
What I am telling you to do is call their bluff, because there is essentially no chance you are in violation of the bylaw. The business about not interfering with anything is not in the bylaw and has no legal force; it is a post-facto addition by a skittish TTC that it hopes it can use as a defence against any filming of a misbehaving employee (with whom you would then be “interfering”).
Mail me directly for more. I have become something of an expert on the topic.
posted by joeclark at 11:38 AM on August 6, 2011
If challenged as to the commercial nature of the photography, state that only you can decide if it’s commercial or not and you had already decided it isn’t. If they still protest, say the following (if on a surface vehicle): “Well, go press yellow, please, and bring the constables down and we can have a discussion” or (if in a station) “Go call a supervisor down, please.”
What I am telling you to do is call their bluff, because there is essentially no chance you are in violation of the bylaw. The business about not interfering with anything is not in the bylaw and has no legal force; it is a post-facto addition by a skittish TTC that it hopes it can use as a defence against any filming of a misbehaving employee (with whom you would then be “interfering”).
Mail me directly for more. I have become something of an expert on the topic.
posted by joeclark at 11:38 AM on August 6, 2011
This thread is closed to new comments.
If they're thinking of pressing charges (was the camera damaged?), then maybe they should talk to a lawyer before making the video public.
I imagine someone at one of the local papers would be interested in seeing the video, otherwise.
posted by backwards guitar at 9:54 AM on July 6, 2011 [1 favorite]