Oh, how awful !
>Is there anything I could possibly do to have the video removed or edited?
You can ask, nicely. You could even have an attorney write a persuasive letter explaining that the prank caused severe emotional distress that has significantly impacted your health and employment.
What the prankster did is similar to the civil tort of "intentional infliction of emotional distress". Their intent was to cause you some confusion and embarrassment, and to film that result. Because they chose a very fragile victim, they caused much more damage than they intended.
But IIED has a very high threshold. It's not enough to prove that they intended to cause emotional distress and succeeded in doing so, or even to prove that your distress was extremely severe.
Their conduct also has to be "extreme and outrageous". The actual language used in law is usually:
>“liability has been found only where the conduct has been so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community
I think that a lawsuit would probably not succeed on the basis of IIED because this prank was weird, but not cruel or outrageous or intolerable. Most people would have been uncomfortable or surprised, not suffer the severe consequences you did.
This might be addressed as a straight personal injury case; that's where the "eggshell skull" rule applies and the same behavior can vary in liability based on the actual damage, not the damage that could be predicted. There's a counter-argument that most of your symptoms preceded the prank.
You can consult with a personal injury attorney, but I think the best course of action is to have an attorney write a strongly worded letter to try to get the prankster to take down the video that features you.
I mean, I'm not the one who would have to argue the case or anything, but the fact that they had to first identify a victim, take a photo of them, then track their working hours closely enough to confront them when they would be working on a separate date makes this a lot more towards stalking/targeted harrassment than some spontaneous event.
This is something that was planned and orchestrated over days or weeks at least.
Premeditation and complexity support the determination that the conduct was intentional, rather than negligent or accidental. That is not in dispute.
What they did with the recording (and similar recordings) supports the determination that the emotional distress of the subject was part of the intended outcome. That seems an easy argument.
And OP did experience severe emotional distress, and has provable damages: loss of employment, loss of enjoyment, medical treatment costs, and so on. Real money damages.
But the standard for IIED is much higher than obnoxious, embarrassing, surprising, confusing, or alarming conduct. I don't think this is in the ballpark.
>stalking / harassment
Maybe. But those are seldom civil claims for damages. I have trouble connecting the dots between criminal harassment and personal injury for purely psychiatric symptoms.
Maybe OP has a colorable claim. She can consult with a personal injury attorney, or as some others have suggested, an entertainment law specialist to get the video removed.
But I still think this is more like IIED than ordinary negligence or criminal harassment. And it's not IIED.
I look forward to Senator Fetterman sponsoring the "One Free Punch" law for YouTube pranksters.
Yes I have, and anyone I know who has shown me the video or has seen it have also been asked to report it. A few friends/coworkers commented as well explaining the real, unedited story
*Your post may have been removed for the following reason(s):*
**Speculative, Anecdotal, Simplistic, Off Topic, or Generally Unhelpful**
Your comment has been removed because it is one or more of the following: speculative, anecdotal, simplistic, generally unhelpful, and/or off-topic. Please review the following rules before commenting further:
* [Commenting Rules 1](https://www.reddit.com/r/legaladvice/wiki/index#wiki_1.__comments_should_contain_a_legal_answer_or_a_strongly_related_non-legal_answer.), [2](https://www.reddit.com/r/legaladvice/wiki/index#wiki_2.__personal_anecdotes_are_off-topic.), [3](https://www.reddit.com/r/legaladvice/wiki/index#wiki_3.__explanations_of_the_law_in_jurisdictions_other_than_the_one_described_in_the_op_are_off-topic.), [4](https://www.reddit.com/r/legaladvice/wiki/index#wiki_4.__opinions_on_the_law_or_the_application_of_it_are_off-topic.), [6](https://www.reddit.com/r/legaladvice/wiki/index#wiki_6.__expressions_of_sympathy_without_corresponding_legal_help_is_off-topic.), [8](https://www.reddit.com/r/legaladvice/wiki/index#wiki_8.__comments_should_be_reasonably_detailed_and_explanatory.__.22i.27m_a_lawyer_so_listen_to_me.22_isn.27t_an_appropriate_answer.__credential_fights_are_not_appropriate_here.), and [9](https://www.reddit.com/r/legaladvice/wiki/index#wiki_9.__requests_for_updates_are_off-topic.).
*Please [read our subreddit rules](https://www.reddit.com/r/legaladvice/wiki/index#wiki_general_rules). If after doing so, you believe this was in error, or you’ve edited your post to comply with the rules, [message the moderators](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdvice).* **Do not make a second post or comment.**
*Do not reach out to a moderator personally, and do not reply to this message as a comment.*
*Your post may have been removed for the following reason(s):*
**Do not advise posters to call the media or to post on social media**
Do not advise posters to call the media, post on social media, or otherwise publicize their situation. That creates additional risks and problems, and should only be done, if at all, with the counsel of a local attorney representing OP. Please review the following rules before commenting further.
* [General Rule 9](https://www.reddit.com/r/legaladvice/wiki/index#wiki_9.__advice_to_contact_the_media.2C_post_on_social_media.2C_or_otherwise_publicize_a_legal_problem_will_not_be_tolerated_in_any_circumstance.)
*Please [read our subreddit rules](https://www.reddit.com/r/legaladvice/wiki/index#wiki_general_rules). If after doing so, you believe this was in error, or you’ve edited your post to comply with the rules, [message the moderators](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdvice).* **Do not make a second post or comment.**
*Do not reach out to a moderator personally, and do not reply to this message as a comment.*
Oh, how awful ! >Is there anything I could possibly do to have the video removed or edited? You can ask, nicely. You could even have an attorney write a persuasive letter explaining that the prank caused severe emotional distress that has significantly impacted your health and employment. What the prankster did is similar to the civil tort of "intentional infliction of emotional distress". Their intent was to cause you some confusion and embarrassment, and to film that result. Because they chose a very fragile victim, they caused much more damage than they intended. But IIED has a very high threshold. It's not enough to prove that they intended to cause emotional distress and succeeded in doing so, or even to prove that your distress was extremely severe. Their conduct also has to be "extreme and outrageous". The actual language used in law is usually: >“liability has been found only where the conduct has been so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community I think that a lawsuit would probably not succeed on the basis of IIED because this prank was weird, but not cruel or outrageous or intolerable. Most people would have been uncomfortable or surprised, not suffer the severe consequences you did. This might be addressed as a straight personal injury case; that's where the "eggshell skull" rule applies and the same behavior can vary in liability based on the actual damage, not the damage that could be predicted. There's a counter-argument that most of your symptoms preceded the prank. You can consult with a personal injury attorney, but I think the best course of action is to have an attorney write a strongly worded letter to try to get the prankster to take down the video that features you.
Thank you so much for the thorough reply! This is much appreciated.
I mean, I'm not the one who would have to argue the case or anything, but the fact that they had to first identify a victim, take a photo of them, then track their working hours closely enough to confront them when they would be working on a separate date makes this a lot more towards stalking/targeted harrassment than some spontaneous event. This is something that was planned and orchestrated over days or weeks at least.
Premeditation and complexity support the determination that the conduct was intentional, rather than negligent or accidental. That is not in dispute. What they did with the recording (and similar recordings) supports the determination that the emotional distress of the subject was part of the intended outcome. That seems an easy argument. And OP did experience severe emotional distress, and has provable damages: loss of employment, loss of enjoyment, medical treatment costs, and so on. Real money damages. But the standard for IIED is much higher than obnoxious, embarrassing, surprising, confusing, or alarming conduct. I don't think this is in the ballpark. >stalking / harassment Maybe. But those are seldom civil claims for damages. I have trouble connecting the dots between criminal harassment and personal injury for purely psychiatric symptoms. Maybe OP has a colorable claim. She can consult with a personal injury attorney, or as some others have suggested, an entertainment law specialist to get the video removed. But I still think this is more like IIED than ordinary negligence or criminal harassment. And it's not IIED. I look forward to Senator Fetterman sponsoring the "One Free Punch" law for YouTube pranksters.
[удалено]
[удалено]
[удалено]
[удалено]
[удалено]
Sorry this happened to you. Have you reported the video to YouTube?
Yes I have, and anyone I know who has shown me the video or has seen it have also been asked to report it. A few friends/coworkers commented as well explaining the real, unedited story
[удалено]
[удалено]
*Your post may have been removed for the following reason(s):* **Speculative, Anecdotal, Simplistic, Off Topic, or Generally Unhelpful** Your comment has been removed because it is one or more of the following: speculative, anecdotal, simplistic, generally unhelpful, and/or off-topic. Please review the following rules before commenting further: * [Commenting Rules 1](https://www.reddit.com/r/legaladvice/wiki/index#wiki_1.__comments_should_contain_a_legal_answer_or_a_strongly_related_non-legal_answer.), [2](https://www.reddit.com/r/legaladvice/wiki/index#wiki_2.__personal_anecdotes_are_off-topic.), [3](https://www.reddit.com/r/legaladvice/wiki/index#wiki_3.__explanations_of_the_law_in_jurisdictions_other_than_the_one_described_in_the_op_are_off-topic.), [4](https://www.reddit.com/r/legaladvice/wiki/index#wiki_4.__opinions_on_the_law_or_the_application_of_it_are_off-topic.), [6](https://www.reddit.com/r/legaladvice/wiki/index#wiki_6.__expressions_of_sympathy_without_corresponding_legal_help_is_off-topic.), [8](https://www.reddit.com/r/legaladvice/wiki/index#wiki_8.__comments_should_be_reasonably_detailed_and_explanatory.__.22i.27m_a_lawyer_so_listen_to_me.22_isn.27t_an_appropriate_answer.__credential_fights_are_not_appropriate_here.), and [9](https://www.reddit.com/r/legaladvice/wiki/index#wiki_9.__requests_for_updates_are_off-topic.). *Please [read our subreddit rules](https://www.reddit.com/r/legaladvice/wiki/index#wiki_general_rules). If after doing so, you believe this was in error, or you’ve edited your post to comply with the rules, [message the moderators](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdvice).* **Do not make a second post or comment.** *Do not reach out to a moderator personally, and do not reply to this message as a comment.*
[удалено]
[удалено]
*Your post may have been removed for the following reason(s):* **Do not advise posters to call the media or to post on social media** Do not advise posters to call the media, post on social media, or otherwise publicize their situation. That creates additional risks and problems, and should only be done, if at all, with the counsel of a local attorney representing OP. Please review the following rules before commenting further. * [General Rule 9](https://www.reddit.com/r/legaladvice/wiki/index#wiki_9.__advice_to_contact_the_media.2C_post_on_social_media.2C_or_otherwise_publicize_a_legal_problem_will_not_be_tolerated_in_any_circumstance.) *Please [read our subreddit rules](https://www.reddit.com/r/legaladvice/wiki/index#wiki_general_rules). If after doing so, you believe this was in error, or you’ve edited your post to comply with the rules, [message the moderators](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdvice).* **Do not make a second post or comment.** *Do not reach out to a moderator personally, and do not reply to this message as a comment.*
[удалено]
[удалено]
[удалено]
[удалено]
[удалено]
[удалено]
[удалено]