back to article Woman caught on CCTV performing drunken BJ blew right to privacy

Ofcom has rejected a claim that Channel 4 infringed the privacy of a pregnant Southampton woman by broadcasting CCTV footage of her administering drunken oral pleasure to a chap in a tower block lift. "Ms K" lodged a complaint of "unwarranted infringement of privacy" to the TV watchdog regarding the 9 June 2014 episode of CCTV …

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  1. Gordon 10
    Paris Hilton

    Any by raising a court case

    She has just Streisanded herself further.

    1. Anonymous Coward
      Anonymous Coward

      Re: Any by raising a court case

      Anybody got a link to the vid? I'll probably regret it, but curiosity is once again my master......

    2. DropBear

      Re: Any by raising a court case

      Not to defend her initial acts, but to be fair, I don't think any further damage was possible while some gain might have been (if she would have succeeded) - in a similar situation, it's not the 99.9999% of the world that I will never meet is what I would worry about finding out, but the 0.0001% that I personally know, and it seems those people already knew about the whole affair.

      1. Anonymous Coward
        Anonymous Coward

        Re: Any by raising a court case

        She should have done a Divine Brown.

    3. Anonymous Coward
      Anonymous Coward

      Re: Any by raising a court case

      Court case? According to the article she complained to Ofcom.

    4. Anonymous Coward
      Anonymous Coward

      Re: Any by raising a court case

      Wow 129 comments already.. I love the smell of fresh commentards in the morning (the pee smell, not so much).

  2. Gruezi
    Unhappy

    Pregnant women + very drunk

    WTF?!?!?!

    1. Anonymous Coward
      Anonymous Coward

      Re: Pregnant women + very drunk

      ...welcome to Southampton.

      1. Anonymous Coward
        Anonymous Coward

        Re: Pregnant women + very drunk

        Or rather welcome to Shirley Towers most likely...

      2. Zot

        Re: Pregnant women + very drunk

        Also - Welcome to Gloucestershire!

      3. ntevanza

        Re: Pregnant women + very drunk

        It's more like Portsmouth.

        http://en.wikipedia.org/wiki/Umm_Qasr

      4. tesmith47

        Re: Pregnant women + very drunk

        when is the next flight there????

    2. Brewster's Angle Grinder Silver badge
      FAIL

      Re: Pregnant women + very drunk

      TV programmes can be transmitted many months after the material is filmed. And being "very drunk" is occasionally how pregnancies start.

      1. Gruezi

        Re: Pregnant women + very drunk

        "TV programmes can be transmitted many months after the material is filmed. And being "very drunk" is occasionally how pregnancies start."

        You are almost certainly right. However I could not resist the Daily Mail style outrage opportunity this gave me...

        (Plus I would be genuinely sad if you are wrong)

        1. Brewster's Angle Grinder Silver badge

          Re: Pregnant women + very drunk @Gruezi

          The Ofcom report says

          she had been very drunk and that she had not been 'at the best point in her life'

          Perhaps becoming pregnant caused her to change her lifestyle. She certainly cared enough to complain.

          I can't be bothered to dive into the report to unearth the delay between the recording of the footage and the transmission of the programme. But if it was more than eighteen months then I would view that an issue. All of us have done silly things in the past and there's no need for them to remain in the public domain in perpetuity. For the same reason, I think it raises an issue about how long this footage can remain available.

          1. Anonymous Coward
            Anonymous Coward

            Re: Pregnant women + very drunk @Gruezi

            "She certainly cared enough to complain."

            Or she saw one of the many ads for ambulance-chasing lawyers on television. Maybe even in the ad breaks of said documentary.

            Did someone do something you don't like? Call Leeches4U No win, no fee*.

            * Disclaimer: we will bill someone, somewhere just not you.

    3. dogged

      Re: Pregnant women + very drunk

      Welcome to everywhere. There is literally nowhere this kind of thing doesn't happen. You just don't see it because either a) you're not paying attention b) you're lucky enough to have a different lifestyle and/or c) you don't watch Channel 4 documentaries

      1. Anonymous Coward
        Anonymous Coward

        Re: Pregnant women + very drunk

        I suspect the WTF in the original related to finding such ladylike behaviour in Southampton - she would be "meeting the parents" material compared to some of the locals...

        I particularly liked how she was worried that the programme may hurt her future employment opportunities. Does she really expect us to believe she will seek gainful employment at some point in her life?

        1. Bleu

          Re: Pregnant women + very drunk

          I was imagining it as an office party, sounded like that, but I suppose that was never stated.

          1. MrZoolook

            Re: Pregnant women + very drunk

            It was a residential block.

            I'm currently arguing with folks in the local rags forums that she should have been fined for indecency, and forced to cough up the money spent by our council to clean up after her. Apparently, that makes me the bad guy...

      2. Steve Davies 3 Silver badge

        Re: Pregnant women + very drunk

        Or Channel 5 Reality Shows....

      3. Ken Moorhouse Silver badge

        Re: Pregnant women + very drunk

        d) you live in an area of the country which doesn't need lifts.

        Wonder if there's a bye-law about urinating in the common parts.

        1. HOW many?

          Re: Pregnant women + very drunk

          IIRC there is, or at least there used to be, a let out in the law which made urinating in a public place an offence along the lines 'but if you're pregnant its OK'.

          I think this goes back a very long time when there were few public toilets and the legislators, who tended to think women were a slightly different species anyway, managed to figure out that if you have a foetus sitting on your bladder its capacity might be impaired.

          That said, recent overhauls to the law might have closed to loophole on the grounds there are a lot more public toilets and the Council needs the income.

  3. Anonymous Coward
    Anonymous Coward

    Dazed and confused ...

    ... by unexpected outbreak of common sense in a Regulator's judgement.

    Must be the eclipse.

    W

    1. Lusty

      Re: Dazed and confused ...

      "unexpected outbreak of common sense in a Regulator's judgement."

      How on earth is this common sense? CCTV cameras are not there for amusement, they are supposed to be there for protection. I was always under the impression that there were rules regarding what the footage could/couldn't be used for, and that the purpose was supposed to be protection.

      Given this usage has now been ruled legitimate, I'm forced to conclude that I am no longer in favour of the millions of CCTV cameras "protecting" us. Regardless of what she was doing, it shouldn't have been broadcast on TV for entertainment purposes.

      If she was committing a crime, then use the tape as evidence.

      If she couldn't be identified, use just enough footage to ask the public to help identify her.

      Given that they don't appear to be prosecuting her for urinating in the lift (the only actual crime described, assuming that's illegal) then the footage should be destroyed.

      When did the rules on CCTV change?

      1. Anonymous Coward
        Anonymous Coward

        Re: Dazed and confused ...

        > How on earth is this common sense? CCTV cameras are not there for amusement, they are supposed to be there for protection

        Exactly. This is just counter-productive.

        Besides, if she decides to take this to court I am not so certain a judge will concur with Ofcom's opinion. It seems a clear misuse of security camera footage.

        1. Lusty

          Re: Dazed and confused ...

          Having now googled it, she really ought to pursue this case under the DPA.

          Guidance is at https://ico.org.uk/media/for-organisations/documents/1542/cctv-code-of-practice.pdf and clearly suggests this is in violation of the rules.

          For instance, the signage should tell the public that they are being monitored, and for what purpose. If the lift said "for the purpose of crime prevention" then selling footage to C4 is clearly not that. There are many, many other rules broken here though.

          1. h4rm0ny

            Re: Dazed and confused ...

            People should also put aside specifics that colour their judgement and realize that the category that Ofcom has just allowed this usage for is not "women giving blowjobs" but "things that the reality TV audiences find entertaining". Anything you do that is embarrassing or which others will laugh at or be titillated by is now fair game if caught on camera. They just have to make a token effort to obscure your identity.

            The cameras should not be there to catch people's errors so that your typical Big Brother viewer can find it funny. It's a quick bit of cash for a CCTV company and years of misery for those pilloried on television.

      2. swampdog

        Re: Dazed and confused ...

        Playing Devil's Advocate here. This is where the law for the masses & the rich differ. Someone who could afford a decent lawyer might argue..

        (I haven't seen the footage so below is based solely on ElReg article)

        a) the fact she was subsequently identified proves CH4 did not do enough to anonymize the footage.

        b) who owned the cameras? (breach of trust, data protection etc)

        c) the man tried to cover the camera in order to gain privacy (ie: reverse argument of Ofcom).

        d) a crime was allegedly committed - why did CH4 not report it to the police, await the outcome then proceed based upon the result?

        (I am by no means a fan of the mentality that pisses in lifts btw)

      3. Bleu

        Re: Dazed and confused ...

        You and many others with the same kind of thinking should have thought twice before the CCTV wave arrived from Northern Ireland.

        You can watch old documentaries and movies to assure yourself of that, if you didn't already know.

        Personally, I have no intention of tracking the video down, but it sounds hilariously bad, like an early Paul Morrissey or John Waters effort, except that nobody was acting.

        Writing that has changed my mind, I now want to see this tawdry pile of excreta, but if never able to do so, it will not break my heart.

      4. Robin Szemeti

        Re: Dazed and confused ...

        But they ARE protecting us.

        They are there to protect us from muggers ... I am sure you would be happy for images of a mugger to be shown on TV

        They are there to protect us from vandals ... if someone spray-painted the lift I am sure you would be happy for their image to be shown on TV

        They are there to protect us from people who urinate in lifts and make them unusable by the rest of the block ... I am more than happy for that image to be shown on TV.

        Please god tell me that now she has come forward and identified herself, the council is going to prosecute her for the damage and costs of cleaning it up etc etc.

        1. Anonymous Coward
          Anonymous Coward

          Re: Dazed and confused ...

          > But they ARE protecting us.

          In this particular case , that's utter bollocks. The footage was shown for entertainment purposes only and nothing to do with following up on something recorded.

          I nearly said 'crime prevention' but the camera prevented nothing.

          1. HOW many?

            Re: Dazed and confused ...

            It might not have prevented her -

            But I'll bet it'll make the next slag think twice .

            Err, No, hang on a minute ...........

            Actually, fk it. I can see all sorts of potential problems if the principle runs riot - but - (whilst I don't care a monkeys about her giving someone a blowjob) If some antisocial cow pisses all over the lift, plaster stills of the event including her face on local billboards and do the same with all the other low-level arseholes who fk up society. Its cheap, its efficient, and its commensurate.

            And for everyone who hasn't been in a piss-stinking lift in a highrise, experience that before you start preaching about her 'right' to privacy. This is not disproportionate.

  4. Anonymous Coward
    Anonymous Coward

    Since when is banging in public lift an act of privacy ?

    Expect sad face article to appear in The Daily Mail shortly.

    1. Anonymous Coward
      Anonymous Coward

      > Since when is banging in public lift an act of privacy ?

      That's neither here nor there. The camera footage is not there to be sold (or more likely, given away) to some TV production company.

      1. Bleu

        While you are correct

        in principle, it is very hard to imagine that the CCTV watchers handed it to the TV channel without being given some money.

    2. Tapeador

      Von Hannover v Germany (number 1), as affirmed in e.g. Murray v BPL - just because an act is in public does not mean the person surrenders their legitimate expectation of privacy (in terms of the pictures being broadcast/published).

  5. petur

    Good

    Now she has identified herself they can send a bill for cleaning up the mess... + fine

    (don't know how the UK is, but here the fine for urinating in public is 60 euro)

    1. Afernie

      Re: Good

      "Now she has identified herself they can send a bill for cleaning up the mess... + fine

      (don't know how the UK is, but here the fine for urinating in public is 60 euro)"

      It does rather raise the question of why any mention of a fine is absent, doesn't it? A quick Google suggests a penalty on the order of £80.00.

      1. Anonymous Coward
        Anonymous Coward

        Re: Good

        > It does rather raise the question of why any mention of a fine is absent

        It does rather raise the question of what part of Ofcom "ruling" you did not understand.

        1. Afernie
          Trollface

          Re: Good

          "It does rather raise the question of what part of Ofcom "ruling" you did not understand."

          Ah, self-satisfied AC snarking. Always good value for money.

          "cannot have a legitimate expectation of privacy in circumstances where their behaviour is severely anti-social and contravenes public decency in the manner shown in the CCTV footage i.e. urinating on the floor of a communal lift and performing a sex act in a communal lift".

          That's likely to be an actionable offence, and I'd reckon any such sentence would have a significant bearing on the outcome of the Ofcom ruling (that I understood just fine, thanks) and would be relevant background. But please, continue to snipe from cover if it shores up your fragile ego.

        2. Manolo
          FAIL

          Re: Good

          "It does rather raise the question of what part of Ofcom "ruling" you did not understand."

          He isn't talking about the Ofcom ruling he's wondering why she hasn't been fined for urinating in public.

      2. JohnMurray

        Re: Good

        No offense is committed in the leaving of urine on a floor.

        An offense may be committed in the act of urination if the genitals are willingly exposed to other persons, in which case the offence of "exposure" (sexual offences act 2003 section 66) is committed (he also means she).

        Having sex with a person who is drunk may well be considered, by a court, to be rape if the person involved is incapable of consenting to sex.

        1. Afernie

          Re: Good

          Southampton Council byelaws make it a summary offence to urinate in a public place. However as the unedited footage shows them effectively both exposing themselves to the operators, public decency offences would seem to apply too.

        2. John Brown (no body) Silver badge

          Re: Good

          "No offense is committed in the leaving of urine on a floor."

          Littering?

    2. Shocker-z

      Re: Good

      Who said she left mess? Maybe she's a good girl ;-) also wouldn't it be the man that left the mess, if she didn't *self clean*

      Yeah there's a fine of I think £50/60 here too

      1. Sir Runcible Spoon
        Coat

        Re: Good

        @Shocker-z

        these comments are referring to the woman being seen to urinate on the floor of the lift, not the result of some baby-gravy dribbling down her leg onto the floor.

    3. Anonymous Coward
      Anonymous Coward

      Re: Good

      @Petur,

      You can be charged with "outraging public decency" in the UK.

      Especially if they are an ugly couple :)

      1. Anonymous Coward
        Anonymous Coward

        Re: Good

        > You can be charged with "outraging public decency" in the UK.

        Well, you can be charged with being in possession of an offensive wife. I saw it on the 9 o'clock news.

        1. Anomalous Cowturd
          Stop

          Re: Good

          That was Not the nine o'clock news!

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