Facebook Live: Student Arrested For The Content His Live Stream Recorded, Could You Be Guilty As Well?

Facebook Live is a newer feature that allows individuals to reach out to multiple friends at one in real time. The service is one way video with the option for friends to reply in the comments as a means of interacting. Many celebrities are using Facebook Live to interact with fans in a way that was not previously possible. However, others are using it in ways that are less admirable. In some cases, Facebook Live has been used to record rape, murder, and even suicide. In a new case, the use of Facebook Live in a movie theater has led to the supposed arrest of an individual.

The incident happened in a BlueSky Cinema that specializes in Indian movies, according to Time Magazine. The male involved has not been named due to the confusion regarding whether he was actually arrested or not. He has been revealed to be a student from Valparaiso University. However, the incident itself is quite serious and may lead to the potential for jail time and hefty fines.

Hollywood has made it a mission to ensure no one uses video recording devices in theaters in a means to prevent individuals from recording the movies and uploading them to torrent and streaming sites.

In this case, the romantic Indian movie, titled A Aa, was being recorded via Facebook Live and broadcast to anyone willing to watch it. Although the Indian movie is not associated with Hollywood, piracy in all parts of the world are strictly regulated. Realizing the movie might have been recorded, the theater arranged for an Indian team to remotely monitor the cinema and report on any issues, according to Fortune.

“Antipiracy team in Hyderabad realized this and has taken immediate action by removing the links. Our Antipiracy team informed to theater management and theater management called cops. Student was caught red-handed with content. All the content immediately deleted from his device.”

The individual was removed from the theater after the content was deleted. However, the Facebook Live session was already broadcast to the masses.

Although the theater reported that the individual involved was arrested, Illinois police confirmed that he was not arrested and that the theater only filed a report against him. Regardless of the outcome of the illegal Facebook Live session, many wonder if they will be subjected to potential arrest for streaming content across social media, especially if it is an accident. TorrentFreak feels that the issue will get much bigger and result in more arrest or accusations before it calms down, citing the Family Entertainment Copyright Act of 2005.

“Any person who, without the authorization of the copyright owner, knowingly uses or attempts to use an audiovisual recording device to transmit or make a copy of a motion picture … from a performance of such work in a motion picture exhibition facility, shall..be imprisoned for not more than 3 years, fined under this title, or both.”

Since nearly everyone carries a device capable of live streaming content, especially with smartphones capable of using Facebook Live, no one is safe from prosecution, especially during high profile sporting events, movies, and more.

Many are left wondering if Facebook Live and other streaming services could unintentionally lead them to being accused of a cyber crime. For example, if using Facebook Live to share video of a baby’s first steps, while a popular movie is playing on the television in the background, could Hollywood demand justice for live streaming the movie content, even if it is not the focus? What about at a major sporting event that does not allow rebroadcasting, would sharing the winning touchdown via Facebook Live be cause for copyright infringement?

What are your thoughts?

[Image via Suradach/Shutterstock]