"That’s illegal in Switzerland."
I’ve heard that refrain time and time again since moving here, but never really worried about it or looked into it in any detail. But, now I’d like some specifics.
As a licensed volleyball ref in the canton, I’m really into knowing the exact wording of the volleyball rules but also discussing with other refs the actual meaning and nuances.
I’d like to find someone knowledgeable who can help me find the actual applicable Swiss laws and/or their interpretation.
I did a quick search and found this page, which seems informative (in French). If I understand it correctly, the situation we have here is a "Role of extra" not a "Protagonist role"and therefore the claim of "it’s illegal according to Swiss law" is incorrect.
Can anyone shed some light on this?
Thank you in advance.
https://old.reddit.com/r/Switzerland/comments/1cseque/posted_a_video_on_yt_of_my_team_playing_a/
Posted by Zicount
13 Comments
Straight to jail..
Aside from the legal aspect, it’s just basic courtesy to ask for permission from the people filmed, not everyone wants to be on Youtube.
That’s correct, Volleyball has been banned in Switzerland ever since the deadly 24hr Volleyball match in Le Mans in 1955 where the players managed to kill 83 spectators and injuring around 120. It was the most catastrophic match in ballsports history, prompting Switzerland to institute a nation-wide ban on volleyball altogether.
I would say a plyer has a “Rôle de protagoniste” as their action is the reason you are recording. Anyway, if they object against it, then it is better to take it down. In the future, ask for explicit consent.
A bit more information: [https://www.skppsc.ch/fr/download/mon-image-agir-de-bon-droit/](https://www.skppsc.ch/fr/download/mon-image-agir-de-bon-droit/) and [https://www.edoeb.admin.ch/edoeb/fr/home/datenschutz/internet_technologie/umgang-fotos.html](https://www.edoeb.admin.ch/edoeb/fr/home/datenschutz/internet_technologie/umgang-fotos.html)
illegal to post a video of a volleyball match? well idk about rules of volleyball associations but not by law lol
but i would personally consider all the players to be protagonists of the video, so do you have permission from them?
Usually you should ask the organizer for that. If you did not, you would not be allowed to take a video of it. That would be written in the rules of the events. If it’s a private event with no rules regarding that, you can’t film, as the teammate clearly said he did not want it (you have no agreement).
That would be however different if he signed an agreement with the organizer, and the organizer granted you the right to film. For instance, a player of the Swiss national football team couldn’t say he doesn’t want to be filmed by the SSR during a match.
You cannot claim “Rôle de figurante” here, as you are directly filming people playing, and they are the main focus of the video. That claim holds when the people in the video are not the main subject (such as a video of the Matterhorn).
The eagerness of people to bitch about being on a photo/video will never cease to amaze me. Like they are all criminals on the run and/or cheating spouses 😅
First and second division are institutionally filmed. I don’t see why it would be different in lower division. Even junior tournaments are.
https://www.edoeb.admin.ch/edoeb/fr/home/datenschutz/internet_technologie/umgang-fotos.html#1219724729
Si le match a eu lieu dans une salle de sport (même si le public peut venir voir le match), il ne s’agit **pas** d’un lieu public au sens juridique du terme!
Et même si c’était un lieu public , les joueurs sont clairement les protagonistes, donc il faut avoir une autorisation de captation et diffusion de prise de vue !
Tu aurais du clairement t’adresser à ta fédération avant de prendre une initiative aussi déplacée.
Bref, tu as tout faux, et à ta place je retirerais au plus vite cette vidéo avant d’avoir des problèmes juridiques avec un membre pointilleux.
Ask before sharing.
Like people taking pictures of their kids with other people’s kids and share them on social media like nobody cares about that.
Publishing pictures or movies of other people needs their consent. Consent can be given in various forms, e.g. signing up for a Verein (club) with a note about it in the by-laws (Statuten). If no consent is given you are not allowed to publish. It is the Swiss Privacy Law.
Posting/recording a video without the consent of the people shown in it is illegal. You havt to ask mandatory
is it a kids team?