Why is everyone talking about Virat Kohli? Well, he did not quite fire in the game against South Africa in Perth on October 30, did he? If only he had got a half century or so instead of the 12 that he actually did, India may have got to perhaps 160 or so, and then, who knows?
Not the game! This seems to be about the inside of his room, not what he did out on the ground.
Oh, that! Yes, he posted a video on Instagram on October 31 showing the inside of his hotel room in Perth, along with his various personal belongings.
Oh, that’s interesting!
Not really. Kohli has alleged that the video was shot by an intruder who had gained access to his room when he was not there, and then uploaded it on TikTok apparently with the caption “King Kohli’s hotel room”. Kohli and his wife Anushka Sharma are not amused.
Really?
Well, he’s posted the video on Instagram, and written a note alongside saying he is “NOT okay” with this “absolute invasion of privacy”. This is what he says:
“I understand that fans get very happy and excited seeing their favourite players and get excited to meet them and I’ve always appreciated that. But this video here is appalling and it’s made me feel very paranoid about my privacy. If I cannot have privacy in my own hotel room, then where can I really expect any personal space at all?? I’m NOT okay with this kind of fanaticism and absolute invasion of privacy. Please respect people’s privacy and not treat them as a commodity for entertainment.”
A post shared by Virat Kohli (@virat.kohli)
Whoa, and what did Anushka say?
She called it an “absolute disgrace”, and wrote on social media:
“Have experienced a few incidents where some fans have shown no compassion or grace in the past but this really is the worst thing. An absolute disgrace and violation of a human being and anyone who sees this and thinks celebrity ho toh deal Karna padega should know that you are also part of the problem. Exercising some self control helps everyone. Also, if this is happening in your bedroom then where is the line?”
But how could the hotel allow this?
The hotel, Crown Towers, has been very apologetic, and has announced that “the individuals involved have been stood down and removed from the Crown account”.
According to reports in the Australian media and the cricket website Cricinfo, the hotel has said: “We unreservedly apologise to the guest involved and will continue to take the necessary steps to ensure this remains an isolated incident. Crown has taken immediate steps to rectify the issue. The individuals involved have been stood down and removed from the Crown account, and the original video was swiftly removed from the social media platform… We are also cooperating with the Indian Cricket team and the International Cricket Council to convey our apologies and will continue to work with them as we progress the investigation.”
Isn’t there a legal liability involved?
Well, the website of the Office of the Australian Information Commissioner contains advice on “What to do if a photo or video is taken or posted online without permission or if you’re concerned about an image on Google Street View or in the media”. It says:
“Photos and videos of you are treated as personal information under the Privacy Act 1988 (Privacy Act) if your identity is clear or could reasonably be worked out. Your privacy rights for photos and videos will depend on the situation.”
OK, so how does it apply to Kohli’s situation?
All the legal provisions are not immediately clear, but from the information on the Office of the Australian Information Commissioner’s website, it appears that the Privacy Act doesn’t cover individuals “acting in a personal capacity”.
“This means you generally can’t enforce a privacy right against an individual. However, you may have rights under other laws, such as copyright or defamation laws,” it says.
So who does the Privacy Act cover?
According to the website, “The Privacy Act covers organisations with an annual turnover of more than $3 million that operate in Australia, and some other organisations. A number of factors go into deciding if an organisation operates in Australia, including if they have a presence in Australia or carry on a business in Australia.”
And what do you do if you are faced with a situation like Kohli’s?
The website has this advice: “First, ask the person who posted the photo or video online to take it down,” it says. “If they refuse, or you don’t know who it is, contact the site’s administrator and ask them to remove the photo or video.”
Is that all?
There may be some local laws, as well. The website says: “In some situations, there may be state or territory laws that prevent someone photographing your private activities without your consent. Contact the Attorney-General’s Department in your state or territory for more information or the police if you are concerned for your safety.”
