I. RESPONSIBILITY TO INDIVIDUALS FILMED
PRINCIPLES OF ETHICAL DOCUMENTATION
In the fields of human rights, journalism and documentary filmmaking, there is a tradition of ethical
practices generally aligned with the desire to “minimize harm” to the subjects of reportage. These
practices include obtaining the informed consent of individuals interviewed and filmed and assessing
the potential risks involved in documenting and sharing their stories.
Curators not involved in a video’s production have a more difficult time assessing whether
individuals gave their consent to be filmed, and if sharing the video could cause them harm. This
section addresses the risk of harm to individuals and communities filmed in eyewitness footage, and
provides strategies to help assess, weigh, and address those risks. First, we review some of the main
concepts behind ethical documentation.
CONSENT
SHARING
Obtaining the informed consent of an individual to record and publish his or her image and story is
key to responsible and ethical documentation. Some people choose to keep their lives or experiences
private, or to share their stories anonymously, for personal reasons or due to security concerns.
Informed consent involves an understanding by the individuals filmed of the purpose and potential
audience of the video, as well as the risks involved in appearing in it. By granting consent to be filmed,
an individual is deciding to participate and to assume the potential risks that may be involved.
That decision is not necessarily permanent; someone who grants consent may regret that decision
after further reflection, or due to changing security risks. It is important to respect the fact that an
individual’s decision around consent may evolve over time.
While the practice of obtaining informed consent has a long tradition in human rights, journalism,
and documentary filmmaking, individuals outside of those professions are often unaware of the
concept, or do not have the opportunity to ask for consent from the individuals they film. Some
videos are recorded without subjects aware they are on camera. In the case of certain human rights
videos, the filmer is also the perpetrator, and exposing the victim’s identity is part of the abuse itself.
(See section on Perpetrator Footage on page 9.)
FOR MORE
INFORMATION
INTENDED AUDIENCE AND USAGE
Not all eyewitness footage found online was created and uploaded with the intent of being shared
in the public domain. The subject may have consented to the recording for a specific and limited
audience, but not for widespread circulation.
Consider the case of the 2014 hacking of Hollywood celebrities’ online accounts2 to obtain nude
photos. After celebrities’ private online accounts were illegally broken into, many of their private
photos became publicly available online and were widely shared. But this was clearly not the
celebrities’ intention for the footage: their original consent was given only for a specific audience
and purpose. More generally, individuals often share information on Facebook or Twitter with the
understanding that only their limited number of friends or followers will see it, or without a clear
comprehension of privacy settings that determine who can see information they share on their social
media accounts.
Get tips on obtaining
informed consent
at
bit.ly/Tips_
InformedConsent
179 VIDEO AS EVIDENCE: ETHICAL GUIDELINES V 1.2
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