‘Hawk tuah girl’ and other street interview subjects who go viral: What legal rights do they have over the content they appear in?

The rise of street interview-style content can make it feel like no matter where you are, a microphone could be placed in front of you, whether you care to share your opinion or not. When these videos go super viral, the subjects can find themselves at the center of a social media firestorm they had no intention of igniting.

The case of the ‘hawk tuah girl’ who has gone viral following her appearance in a Tim&Dee TV video from early June. Other videos on the channel often feature younger adults who have been enjoying a night out. With a few beers in their blood, they might even say things they regret, especially when their offhand comments begin a conversation online that puts a huge spotlight on their life that can feel invasive and overwhelming.

So, if you ever find yourself in front of a camera with a mic in your face, you might want to know a little bit about your rights over the content you are helping to create... What control do you really have...

READ MORE: Who is the “hawk tuah girl”? The woman behind the viral moment

In most of this style of video, the man-on-the-street interview, it appears that the interview subjects are choosing to engage and know that they are being filmed. In cases where participation is voluntary, you are going to have extremely limited rights. You likely do not have the right to have the content taken down. With traditional media, there is an expectation that the interviewer is acting in good faith and, when speaking to an ordinary person, present them in a neutral but respectful light. These street-style interviews don’t always follow those same principles, and that is all captured in these viral moments.