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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11135
Experience:  30 years as a practising solicitor.
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Hello, I made a documentary film about a 21 year old care-leaver

Customer Question

Hello, I made a documentary film about a 21 year old care-leaver called Laura. She spoke about her mother's life and that she was a victim of rape and violence. Laura gave me the permission to use her footage. In the film there is a few seconds scene that Laura is introducing her mother and father and they are in the shot. I don't have Laura's mother consent. The film was only on the website of an Iranian-American small charity. I understood that Laura's mother is not happy with it, so the charity removed the film immediately from internet, now Laura's mother has got a solicitor to sue me based on the fact that their friends who didn't know her past, now they know it. I am scared. Do you think legally can she sue me and win the case?
Submitted: 3 years ago.
Category: Law
Expert:  JGM replied 3 years ago.
Thank you for your question.
Have court proceedings been raised?
Did the mother consent to being filmed or at least knew she was being filmed? Did she know why the film was being made?
Customer: replied 3 years ago.

No, she only said she has got a solicitor.

The mother was fully aware that she is being filmed, besides we were in public space. She did not say any words there, she was just standing beside Laura when Laura was introducing her and her step dad.

I am not aware if she knew what is the film about.





Expert:  JGM replied 3 years ago.
She will not sue you, she has no case in law. If every documentary maker had to get permission to film every person in their work then no one would make documentaries. Unless she specifically said you weren't allowed to film her there is nothing to sue for.
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Customer: replied 3 years ago.

Thank you. I cannot find Laura's consent.. She is all over the film, she does not know that I lost the video that she is giving me her permission to film her. Through out the film she is talking to me and the camera and she is happily giving me all the information about her past and present. If Laura's mum take me to the court and they ask me to show Laura's consent, what will happen next? Would I be charged if I fail to provide it?

Expert:  JGM replied 3 years ago.
It will be apparent from the video that she consented to the filming. Her consent is implicit.