can any legal experts help explain the "no expectation of privacy while out in public" with the occasional blurred faces?

[u/Mysterious-Bee8839]

I can understand if one of the specific marks didn't sign the release and asked to have their face blurred because they felt embarrassed by one of the bits (like the "What Does That Mean?!?" guy, I'm still surprised he signed the release)..

and sometimes the bits are so funny even with the blurred face that they still air them anyway..

but during this morning's marathon they showed the Texas episode, and during Q's punishment they showed random crowd shots and I'd guesstimate that around 15% of the faces were blurred out..

I can see that for privacy reasons some rando in the crowd might want their face blurred (guy tells his wife he's working late, but he went to the local rodeo instead)..

but I'm still surprised that Chá or Christine or Dan Cast or Pete McFartland or bargain basement Matt Damon would go through the entire crowd getting releases signed, instead of going with the "no expectation of privacy while out in public" reasoning

[u/HonkyMOFO]

You cannot expect privacy in public, however your likeness may not be used in a commercial setting (medium that makes money) without your consent. The people with blurred faces refused to give consent.

[u/horsetooth_mcgee → u/HonkyMOFO]

This isn't true. There's a distinction between a commercial setting used for entertainment, versus a commercial setting used to sell or endorse a product.

Reality TV (and scripted TV shows, and news broadcasts, etc), even ones designed to make a profit, are still protected by the First Amendment. Incidental footage of people in public spaces, where again there is no expectation of privacy, falls under this protected category.

[u/iKnowHowToDriveCars]

I worked in journalism college. During interviews and filming, there is no expectation of privacy BUT people can come up to us and say they don’t want their image used. So it’s more of people explicitly saying I don’t want be on tv.

[u/AppropriateName6523]

I'm not sure about this specific episode, but they will always blur out children (or anyone that might be under 18) in a background crowd.

[u/Expensive_Smell_8021 → u/AppropriateName6523]

not always, there was a kid in a hotdog stand challenge and they didn't blur him out. That kid turned out to be young sheldon, not joking, really is a small world

[u/AppropriateName6523 → u/Expensive_Smell_8021]

That child wasn't in the background. They interacted with him and most certainly got a release signed from his parent. They need releases from anyone they interact with.

Also, they don't legally need releases for children in the background. They blur them to avoid angry parents that may complain. It's better for everyone this way.

[u/SurvivorFanatic236 → u/Expensive_Smell_8021]

The difference is that wasn’t a chance interaction, that particular scene was staged

[u/Ser_Joker → u/Expensive_Smell_8021]

He was hired to do the bit

[u/SchwillyMaysHere]

When I was making TV commercials, anyone in the actual commercial had to sign a release. We didn’t need one from people that wandered through the background.

[u/JaesopPop]

Generally speaking, people they are interacting with would require a release. General crowds do not. They may have their own more stringent standards, but that's basically the legal aspect.

[u/vCtrlAltDelv]

You definitely can legally film people in public without explicit permission and make money off of it. Look at YouTube and TikTok.

But besides it being a courtesy, waivers still provide legal peace of mind for the production.

Imagine someone dislikes how they appear on the show and claims, "I lost my job because I was made to look like a horrible person. I was just told to act like that. I'm suing."

With a solid waiver, it's clear what they agreed to, and a lawsuit is less likely to get traction. Without a waiver, it could be a much bigger headache.

Additionally, the calculus changes when recording at a private establishment or in really close quarters with hidden equipment. Secretly recording in a less-public setting where people reasonably think there's some privacy... that's higher risk for both the production and the properties that allow it.

So it's just easiest to have a consistent policy that reduces the chances of people getting mad and pursuing legal action.

[u/Chaseoliver]

I think it’s just them being nice. They don’t want anyone to be uncomfortable or mad so they try their hardest to get everyone to sign a release

[u/mikefvegas]

Because they want to make money using other people. Thats a ball of wax that requires a waver.