Vermont Judge Rejects Privacy Claims Over YouTube Video
Vermont Judge Colin Owyang on Dec. 15 rejected claims in Doe v. DeLuca after DeLuca recorded a 29-minute video on March 18, 2025, that included Doe and a two-minute clip posted as a YouTube short. The court held that incidental public recording and posting without more does not meet the intentional infliction of emotional distress or right-of-publicity standards, and dismissed claims against YouTube largely under Section 230.
Key Points
- 1Finds that recording and posting a 29‑minute public video including Doe does not meet IIED.
- 2Explains incidental public appearances lack requisite outrageousness or commercial appropriation for publicity torts.
- 3Indicates platforms maintain Section 230 protections, limiting liability for creators posting incidental public footage.
Scoring Rationale
Official state-court ruling clarifies platform and creator liability, but limited novelty and single-jurisdiction scope constrain wider impact.
Sources
Public references used for this report.
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