It was officially explained to Russian schoolchildren whether they can film their teachers on their phones: there is a nuance
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The very fact of filming a teacher’s actions is not a violation of the law.
Mobile phones in the hands of schoolchildren are not only a toy, a cheat sheet, and a factor distracting them from studying. Using a personal camera, a student can record violations of official ethics or official duties by any school employee, including a teacher. And a moment later, the incriminating video is already on the Internet, and, as they say, there is no escape. In December 2023, the State Duma adopted a law banning the use of mobile phones during classes. Parents were immediately concerned: how then could they “rein in” a burnt-out teacher if it was impossible to record the evidence?
But is it even legal to film a teacher on his phone?
Of course, any teacher is called upon to sow what is reasonable, good, and eternal. Most people in this profession perform their duties with dignity. But we still know of frequent blatant cases of pedagogical failures.
For example, in the Sverdlovsk region, a primary school teacher lost her temper so much that she gave a second-grader 27 injections in the arm with a compass. In the Chelyabinsk region, a teacher forced a schoolboy to his knees and threatened to urinate on him “right now.” In the same Sverdlovsk region, a technical school teacher beat students with a belt. And no one would have believed this if it weren’t for the video taken on a phone and posted on the Internet.
Apparently, the number of posted videos with the participation of teachers has reached a certain critical mass, therefore, on the official page of the State Services portal, an explanation was given for parents whether the student has the right to film the teacher on the phone, and whether the published filming can harm the author himself. The answer in both cases is: yes, it can.
The very fact of filming a teacher’s actions is not a violation of the law. Let’s say the video is being recorded to memory. For example, at a holiday where teachers are congratulated. Or the teacher’s speech at the last bell. You can even record a video of the lesson so you can watch it again at home for self-preparation purposes.
If a video with a teacher is distributed on social networks, then liability will arise, and criminal liability at that. A video where the teacher is the main subject of filming can be qualified as collecting information about private life, writes the official portal.
Also, the student’s actions during filming may harm the honor and dignity of school employees. Which can also lead to criminal liability.
The basis for criminal prosecution for publishing the video is Article 137 of the Criminal Code of the Russian Federation – “Violation of privacy.” Responsibility under this article begins at the age of 16. If the video was distributed by a child under this age, then the parents are responsible for it. The family of the “offender” can demand compensation for harm.
At the same time, the student has every right to record facts of violations and illegal actions on the part of school employees.
The question remains: the article punishing the publication of a teacher’s video on the Internet prohibits interference in private life. But teaching is not a private life. This is work, and school is a public institution, a public place.
The controversial issue was clarified for MK by lawyer and human rights activist Anatoly Korovin.
— According to the Civil Code, any citizen has the right to collect information. As for video filming, it is not prohibited in public places. School is a public place. Filming is allowed there. But there is one caveat. If a person does not allow his image to be posted on the Internet, then this can be regarded as a publication ban. If the video is published without the permission of the subject, he may demand that it be removed from public access, and if the requirement is not met, he may go to court. If the video shows illegal actions, then its publication on the Internet is also prohibited. The author of the shooting must take it to law enforcement agencies. If the author still wants to publish this video, then he needs to blur (blur) the face of the main subject. In this case, there is no liability for publishing an allegedly defamatory video.
— Since the end of last year, a ban on mobile phones during the educational process came into force. Does this limit the right of students to record violations on the part of the teacher?
— Theoretically, yes. But it is unlikely that this amendment to the Law “On Education” will come into effect in practice. After all, if there is a violation, there must be responsibility for it. There is no liability for this violation. Therefore, it will not be observed everywhere.
Newspaper headline:
Telephone law
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