Can You Sue Over a Kiss Cam? Legal Privacy Issues in Public Spaces
If you’ve ever seen a kiss cam at a game or concert, you know the drill: two people get spotlighted on the jumbotron—cue cheers, maybe an awkward pause, maybe a kiss. But what happens when that moment spirals far beyond harmless fun? What if it humiliates, misrepresents, or even harms someone?
The legal implications of kiss cams extend far beyond mere entertainment; they delve into complex areas of privacy law, consent, and the right of publicity. And in Nebraska, where we have specific statutes that speak to these issues, the conversation gets even more legally grounded.
Are Kiss Cams Legal in Nebraska?
In general, yes. Under Nebraska law, individuals have a diminished expectation of privacy in public places. This principle is reflected in Neb. Rev. Stat. § 28-311.08, which defines unlawful intrusion primarily in spaces of “solitude or seclusion,” implicitly acknowledging that public places do not usually meet that standard.
That said, being filmed in a stadium doesn’t give teams or sponsors carte blanche. Specific legal claims could still arise, depending on how footage is used or misused. These include:
Misappropriation of likeness under Neb. Rev. Stat. § 20-202
False light invasion of privacy under Neb. Rev. Stat. § 20-204
Intentional infliction of emotional distress (IIED) under Nebraska common law
Case Study: Andy Byron and the Coldplay Kiss Cam
In July 2025, Andy Byron, CEO of data company Astronomer, was caught on a kiss cam at a Coldplay concert with a female colleague—neither of whom were married to each other. The moment was magnified when Chris Martin joked from the stage, “Either they’re having an affair or just very shy,” which only intensified the public reaction.
The clip went viral, and Byron soon resigned following an internal investigation. Although reports suggest he considered suing over the video, legal experts agree he’d likely fail. Since the footage occurred in a public venue, with implied consent through his ticket, and was part of crowd entertainment—not an ad—Nebraska’s misappropriation laws wouldn’t likely apply. Nor would Neb. Rev. Stat. § 20-202, since the use wasn’t commercial in nature.
Still, the backlash shows how real the reputational consequences can be, even if legal remedies are limited.
Right of Publicity & Misappropriation of Likeness
Nebraska’s Right of Publicity statute (Neb. Rev. Stat. § 20-202) prohibits the use of someone’s name, image, or likeness for commercial purposes without their consent. This means that if a kiss cam moment is sponsored by a brand or later used in promotional materials, it could rise to the level of misappropriation.
In practice, most kiss cams are protected because they’re not used commercially beyond the moment—but it’s a fine line.
False Light & Misleading Portrayals
Nebraska law recognizes false light as a distinct invasion of privacy under Neb. Rev. Stat. § 20-204. This tort applies when someone is shown in a misleading way that would be highly offensive to a reasonable person—and when the publisher knew or should have known it was misleading.
For example, suggesting a romantic relationship that doesn’t exist (like in the Byron case) might come close to a false light claim—though truth is often a defense, and in a public setting with no deceptive editing, the threshold is rarely met.
Intentional Infliction of Emotional Distress (IIED)
Nebraska courts recognize IIED but set a high bar. The conduct must be:
Intentional or reckless;
Outrageous and extreme—beyond all bounds of decency;
And must cause severe emotional distress.
Being briefly shown on a jumbotron usually isn’t enough—but if someone is mocked, outed, or made the subject of harassment, the potential for a claim increases.
Special Considerations for Minors
While Nebraska’s laws (e.g., § 28-311.08) are more focused on private spaces and intimate areas, any filming of minors—especially in contexts that appear romantic—raises both ethical and legal red flags. Even if not clearly actionable under state statutes, venues should tread carefully.
Venue Disclaimers: How Much Do They Protect?
Disclaimers printed on event tickets or posted at venues typically state that attendees consent to being filmed. This offers some legal protection. But disclaimers don’t cover everything. If a camera operator or team acts in a way that’s clearly invasive, misleading, or distressing, Nebraska’s tort laws (as discussed above) may still apply.
Practical Tips for Nebraska Venues, Brands, and Event Hosts
To minimize risk:
Reassess whether kiss cams are still appropriate
Avoid featuring minors or sensitive pairings
Get opt-in consent ahead of time when possible
Use neutral or crowd-wide shots, rather than close-ups
Be cautious about commentary or jokes made during or after the footage
FAQ: Nebraska Law and Kiss Cam Legal Issues
Is it legal to film people at a Nebraska event venue?
Yes, public filming is generally legal with implied consent. However, use of someone’s image for commercial purposes without permission may still violate Neb. Rev. Stat. § 20-202.
Can I sue over a kiss cam in Nebraska?
It depends. If your image was used commercially, portrayed misleadingly, or caused extreme emotional harm, you might have a case under state tort laws.
What does Nebraska law say about false light?
Under Neb. Rev. Stat. § 20-204, a false light claim must show that you were placed in a misleading context that would be highly offensive and that the publisher knew or acted recklessly.
What qualifies as IIED in Nebraska?
Extreme and outrageous behavior that causes severe emotional distress—more than embarrassment or discomfort. Think bullying, public shaming, or exploitation.
Do minors have more protection under Nebraska law?
Generally yes, especially when the filming context could be considered inappropriate or exploitative. Even if no statute is directly violated, courts and public opinion take child privacy very seriously.
What should I do if I feel my privacy rights were violated at a Nebraska event?
Document the incident, save any footage or posts, and consult with an attorney who practices in privacy or tort law. You may have options.
Final Take: Public Doesn’t Mean Permission
While kiss cams might seem like a nostalgic form of entertainment, they have evolved into significant legal and reputational flashpoints in our media-savvy, consent-conscious society. The Andy Byron case serves as a stark reminder of how quickly a seemingly playful public moment can lead to severe personal and professional repercussions. For organizations still employing this gimmick, a re-evaluation of current practices, incorporating robust safeguards, or even considering their retirement, is prudent.
Navigating Privacy Concerns in Public Spaces? We Can Help.
Understanding your rights and obligations regarding privacy, consent, and publicity in public settings can be complex. If you believe your rights have been violated, or if your organization needs guidance on minimizing legal risks related to public filming and media use, our experienced Nebraska-based privacy law attorneys are here to provide clear, actionable advice. Contact us today for a confidential consultation.