[ExI] Transparent Society problem

[BillK]

In the UK there exists the Public Order Act 1986 which aims to ensure
that individual rights to freedom of speech and freedom of assembly
are balanced against the rights of others to go about their daily
lives without being harassed, alarmed or distressed.
The law states:
An offence under this section may be committed in a public or a
private place, except that no offence is committed where the words or
behaviour are used, or the writing, sign or other visible
representation is displayed, by a person inside a dwelling and the
person who is harassed, alarmed or distressed is also inside that or
another dwelling.

In effect this means that you can be as offensive as you like in
private, but you are in trouble if you go around harassing or
threatening people in public.

A case has arisen recently where an offensive private party was
recorded and the video posted online. The men involved were arrested
by police on suspicion that a public order offence had been committed
and their home was searched for evidence. The case has not been
decided yet, but my opinion is that no charges will be made, on the
grounds that the men did not expect their private behaviour to be
publicised online and thus offend the public.

This raises the problem that because we now live in an environment
where everybody carries a phone that can record video, is there no
longer the expectation that any offensive behaviour will be private? Do
we have to always behave as though thousands of people are watching?

BillK