A video that went viral on social media on Wednesday (4) shows a mother criticizing a enger who refused to swap seats with her son on a plane. According to the mother, the 3-year-old boy was scared, and she believed that sitting next to the window could help calm him down.
The girl, who is sitting next to the window wearing headphones, begins to be insulted. The case brings up a debate about the rights of engers and, mainly, about the exposure made with a video camera and data leaked on the internet.
But, after all, should the enger who refused to give up her seat before the plane took off have done so? “Based on reports on social media, the enger appears to have purchased the preferred window seat, and in this case, the only possibility of changing seats would be if the safety of the aircraft and the engers were put at risk. Therefore, there is no legal determination that requires that enger, who refused to give up her seat to the mother with the child, to change seats against her will,” he explains. Marcial Sá, master and PhD candidate in Aeronautical Law at the University of Lisbon and lawyer at Godke Law – Portugal.
According to the expert, the legislation that can be applied is Resolution No. 400, of December 13, 2016, of ANAC, which provides for the General Conditions of Air Transport, but also, for the specific case, the rules of contracts (purchase of a differentiated seat (window)) apply, as provided for in the Civil Code and Consumer Protection Code.
On the other hand – as Marcial explains – the child's mother will have to suffer consequences for having recorded and exposed another enger. “The enger who filmed the incident may be held criminally and civilly liable for the undue and unauthorized exposure of the image of third parties, based on the General Data Protection Law, the Civil Code, and the Penal Code. The airline, in turn, will not suffer any type of penalty, whether civil or criminal, for the incident, since it did not cause the incident”, highlights the lawyer.
The repercussion of videos that expose individuals without consent can lead to serious risks to privacy, such as damage to image, harassment and even persecution, according to Alexander Coelho, partner at Godke Advogados and specialist in Digital Law and Data Protection. “Under the LGPD, the misuse of personal data, including images, without prior authorization may result in fines and legal proceedings. In addition, the person exposed, as was the case of the enger in question, may or could suffer significant emotional and social consequences, especially if the video induces negative judgments or interpretations about their conduct,” he warns.
A child made a fuss on a plane because he wanted to sit by the window, this enger refused to give up the seat to the child.
The child's mother didn't like it and started filming the enger, as if she were to blame for the situation. pic.twitter.com/lpoKWHfCfB
ADVERTISING — Alex Moretti (@Alexmorettibr) December 3, 2024
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