Why Every Event Attendee Should Know What They’re Agreeing to When Purchasing Event Tickets – Especially in the Age of Viral Scandals
This week, global headlines have been dominated by all sorts of event drama. Thanks to one short, and seemingly innocent TikTok, speculations have erupted online over a personal scandal involving a CEO and HR manager at a major concert event. The viral footage has reignited conversation about privacy, consent, and what exactly is you agree to when you buy a ticket to an event.
The Fine Print You Probably Didn’t Read
In New Zealand (as in most counties), when you purchase a ticket to an event such as a concert, festival or sporting event, you’re agreeing to a set of terms and conditions — often without giving them much thought.
Most of us click “I agree” without much thought. These are called “click-wrap agreements” — the pop-up tick boxes you can’t avoid when buying tickets online. They usually contain a hyperlink to a long list of terms, which few people read before proceeding.
Somewhere in these terms is almost always a clause related to publicity and the authorisation of photography and filming at events. This clause usually grants the event organiser or promoter the right to use photos, videos, or recordings taken during the event for marketing, promotional, or commercial purposes without compensation or restriction. This could include:
- Event highlight reels
- Social media content
- Advertisements for future events
- Media Partnerships
In practice, this means that by attending events, you may inadvertently become part of the event’s promotional material — whether you’re dancing front left or simply in the background of a wide crowd shot.
The Coldplay Scandal: A Case Study in Consent
This week’s situation has highlighted a legal and ethical grey area: What happens when event footage, particularly when reshared by third parties, captures private moments or personal interactions that go viral?
Even if attendees didn’t expect to become part of a media storm, the fine print they agreed to likely covered it. Most ticketing terms expressly state that attendees consent to being filmed or photographed, and that this material may be used broadly and without compensation.
Whether the footage is later used for a light-hearted recap or inadvertently fuels a personal scandal, the legal reality is the same: By purchasing a ticket, you’ve probably agreed to it.
New Zealand’s Privacy Act 2020
In New Zealand, the Privacy Act 2020 protects individuals from misuse of their personal information. Typically, this refers to identifiable information like your name, contact details, or private data – but in some cases, it may also include your image.
At public events, however, attendees should have a limited expectation of privacy, especially in large crowd settings. Provided the footage is not misleading, defamatory, or used in a way that causes harm beyond what’s contemplated in the event’s terms, promoters are generally within their rights.
That said, context matters. Facing increasing pressures due to advanced technology – whether its other concertgoers sharing their own content on personal pages, ticket scalpers and price gauging, or refund policies in events of emergencies – event organisers and promoters should be cautious to ensure that they’re being transparent with their events terms and understand compliance with various interlapping laws, such as privacy and consumer laws.
Terms and Conditions: The Real Ghost Stories in the Machine
The Coldplay scandal is a timely reminder that in the age of smartphones, stadium cameras, and social media, your private life can become more public than you realise – sometimes with real-world consequences.
For event promoters and attendees alike, awareness and transparency are the first steps toward navigating this new normal. If you’d like advice on drafting clear and enforceable event terms, or general compliance with consumer and privacy laws, the Foley Douglas team is here to help.
