AwesomeLowlander comments on Kick faces possible $49 M fine after French streamer Jean Pormanove dies on air

[–] AwesomeLowlander@sh.itjust.works 5 points 1 year ago (2 children)

I follow what you're saying. In that case, what about extreme sports that carry a statistically significant chance of fatalities? Granted that they're usually not televised, but that's probably because they're usually done out of passion. From a legal perspective, there's not much to differentiate them.

permalink

fedilink

source

parent

hideshow 2 child comments

[–] killeronthecorner@lemmy.world 6 points 1 year ago (1 child)

In those cases broadcasters take one of two roads:

Don't broadcast it - many extreme sports are simply not broadcast by many, many broadcasters.
Properly mitigate the risk to an acceptable level - this is done frequently for sports and other media. This is the reason you can watch Jackass and Dirty Sanchez even though the risk of death for many stunts is non-zero.

Once the death occurs though, they can only rely on their demonstration of #2 here to offset legal culpability. They are also then generally bound to remove the material and not re-air (in this case, Kick did make the content available again for whatever reason)

It seems like this is the road the defense will take in this particular case is to prove the death (illegal to air if preventable) was not caused by the preceding consensual torture (legal to air, seemingly).

permalink

fedilink

source

parent

hideshow 1 child comment

[–] AwesomeLowlander@sh.itjust.works 5 points 1 year ago

Thanks, that's the sort of info I was hoping to get, and food for thought. I do wonder how Jackass-genre shows would work with streaming platforms where it's obviously impractical to vet all of them. Do they just become illegal, then? Probably something that will get hammered out at some point.

permalink

fedilink

source

parent