With so many so-called “influencers” filming clips, interviews, demonstrations, and more in all types of public places, it is inevitable that videos would be made onboard cruise ships.
Not all travelers appreciate such filming, however, and Carnival Cruise Line has addressed the issue and sought feedback from loyal guests.
A passenger recently aboard the 128,251-gross-ton Carnival Dream brought the issue to the attention of John Heald, Carnival Cruise Line’s Brand Ambassador.
“I am a Instagram fitness influencer. Last week I was on the Dream making a video on the jogging track,” the guest explained. “I ran past some people who got angry because they were on film. They demanded in a very aggressive way that I delete my video.”
The guest goes on to note that the irate passengers quoted the “Statute of Limitations” as support for their desire to not be filmed. It should be noted, however, that such statutes have nothing to do with filming in public places.
Rather, a statute of limitations determines how long after the commission of a crime it is still legal to pursue charges. That being beside the point, the guest continued to inquire about filming onboard.
“I was not advised or asked to sign a wavier or consent form before I cruised. Who is right here?” they asked.
In our era of doorbell cameras, body cams, security cameras, social media, and more, there is very little expectation of privacy in public spaces. Heald did respond as thoroughly as possible for both sides of the issue, however.
“I think the respectful thing to do would have been for the Miss Influencer to say, OK, I will delete it if you do not want to be in it. However, on the other side of that she was filming in a public place so…” he replied via his Facebook page.
Many guests offered their own opinions on filming on cruise ships and how they would feel about being in an influencer’s video.
“I think the polite thing would be for this person to avoid all people when making their videos.”
“It’s a public place and as long as she wasn’t focusing on the other people or recording them for longer than it takes to run past them, then there’s not much they can do about it. Honestly, we are probably all in the background thousands of photos and we aren’t even aware.”
“As a prior law enforcement/911 dispatcher, we used to get calls about people mad that they were being filmed in public. People were always upset to learn that there isn’t a law against being filmed in public.”
“It does feel like a huge invasion of my privacy but not much I can do about it. I also really hate their entitled attitudes expecting to have right of way simply because they are filming.”
Ultimately, every guest onboard a Carnival cruise ship – whether they consider themselves an influencer or not – is able to take photos and film in public places as much as they wish. It is always best to be respectful of others, but there are no rules against such filming.
Carnival Cruise Line’s Official Media Stance
When any cruise guest books a sailing with Carnival Cruise Line, they agree to the terms and conditions of the Cruise Ticket Contract. This does cover photos, videos, and recordings, both by the cruise line as well as by other guests.
Section 16 of the contract discusses Carnival Cruise Line’s use of the guest’s likeness with respect to the cruise line’s use as follows:
“Each Guest grants Carnival … the exclusive right to include photographic, video and other visual portrayals of Guest in any medium of any nature whatsoever for any purpose including without limitation trade, advertising, sales, publicity or otherwise, without compensation to Guest.”
This means that Carnival Cruise Line may use onboard photos and video for commercials, advertisements, press releases, and other materials.
Other guests, however, do not have the same liberties onboard. According to Section 17 of the contract:
“Guest hereby expressly agrees that he/she will not utilize any tape recording, video, or photograph(s) of himself/herself, any other Guest, crew, or third party on board the Vessel, or depicting the Vessel, its design, equipment, or any part thereof whatsoever, for any commercial purpose or in any media broadcast, or for any other non-private use, without the express written consent of Carnival.”
This means that Carnival cruisers should not be recording themselves, the ship, or any other guest on board for any commercial intent, including “influencing” for profit. If travelers get financial compensation for their video work, it could be considered a violation of this contract clause and subject to penalties.
Furthermore, the contract also states:
“For the privacy of our guests and crew, Guest expressly agrees not to record or video interactions with other guests or crew without their express permission.”
This means that no influencer should be deliberately recording others onboard the ship unless those passengers have granted permission to do so.
Still, in this day of so many video recordings and photos absolutely everywhere, such clauses could be difficult to legally interpret and accurately enforce. It is best if every cruise passenger, “influencer” or not, takes care not to include anyone in their videos or photos who prefers to be kept out of the picture.
