Andy Byron’s kiss cam scandal has prompted conversations about privacy at concerts and other public events, with many wondering whether the former Astronomer CEO’s privacy was breached. Byron was seen cuddling with his company’s chief people officer, Kristin Cabot, during Coldplay’s recent performance in Boston when the camera zoomed in on them.
The couple’s reaction made headlines – both hid their faces and tried to duck out of shot. This even made singer Chris Martin jokingly say that “they’re having an affair or they’re very shy.”
But was zooming in on Byron and Cabot legal? Was their privacy breached? These questions have surfaced amid the kiss cam saga.
Can you expect privacy at concerts and does your consent matter?
Lucy Wheeler, lawyer and founder of Lucy Legal, explained that when you purchase tickets for events such as concerns or festivals, it is often mentioned in the T&Cs that you may be photographed or filmed. “And even if you didn't read the small print, that's no defence,” she said, according to Netmums. “You have to make yourself aware of these things.”
“If you're an adult, you can be photographed, or filmed in a public space without express or explicit consent,” Wheeler said.
{{/usCountry}}“If you're an adult, you can be photographed, or filmed in a public space without express or explicit consent,” Wheeler said.
{{/usCountry}}However, there are exceptions when it comes to this. “You can't be photographed or filmed in a way that would harass,” Lucy explained, stressing that one is not allowed to take “indecent photos of people.”
In the fine print of your ticket to public shows, there are terms that allow event organizers to photograph, record, and broadcast you. Your consent is not required as you legally agree to appear in the background when you buy a ticket.
At the Coldplay concert in question, Byron was seen with his arms wrapped around Cabot – a moment that was revealed during one of the band’s interactive crowd segments. Astronomer revealed amid the scandal that Byron has resigned.