By Rabbi Yair Hoffman for 5TJT.com
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UPDATE: AS OF 1:17 AM ALL VIDEOS WERE TAKEN DOWN!
There is an Exxon Gas Station store located in Lakewood, New Jersey with a kosher food section. The store carries kosher nosh, sandwiches, and even all the Jewish magazines. There is also a foreign worker behind the counter who secretly films single girls and married women shopping and paying for their food and posts the videos on the internet. Specifically, he posts the filming that he takes on Tik Tok – a controversial video app that some experts suspect is a spy app by the communist government in China. Apparently, the worker pretends he is texting on his phone while he does the filming.
THE MACHLOKES REGARDING PHOTOS
Although it is morally reprehensible to be posting videos of other people without their permission – is it against halacha? Also, if it is not against halacha – is it against the law? If it is against the law, is doing so a violation of Dina d’Malchusa Dina?
In Sefer Shaarei Aharon (Kuntrus Shaarei Ish p. 29 cited in Vayehi Binsoah by Rabbi Moshe Sofer p. 537) the following incident is related:
The Chazon Ish was once travelling on a ship when he observed people trying to take his photograph. He told them that he did not give them permission to do so. When he noticed that they felt that they did not need his permission to take his picture he further told them, “If you wish to steal – then, by all means, go ahead and steal.”
On the other hand, in Orchos Rabbeinu Vol. III #63, Rav Chaim Kanievsky shlita is quoted in the name of his father, the Steipler Gaon that technically one cannot prohibit another person from taking his picture according to halacha. However, it is a violation of derecho eretz and decency to photograph someone against their will.
There is no question that these girls and women would not want themselves filmed and certainly would not want these videos to appear on the internet.
So, if these sources are correct – according to the Chazon Ish it would be a violation of Halacha, while according to the Steipler, it is morally wrong – but not necessarily forbidden. However, it could very well be that this was only said in reference to a photograph – but not to a video.
It is logical to assume that the Steipler’s rationale in permitting it may involve the idea that it is a regular activity that people generally do. This is not, however, the norm in regard to videoing people and posting it without their permission. Thus, even according to the lenient view it may be forbidden as well.
NEW JERSEY STATE LAW
This author is not a lawyer, but it seems that New Jersey State law only forbids recording in places where there is an expectation of privacy. However, according to HG.org, a legal resource site, it may be recognized as an invasion of privacy – and the young women and married women – may have an actionable tort. In other words, they might perhaps be able to sue if the information on that site is correct.
A big yasher koach to the two Lakewood bochurim concerned for the tznius of bnos Yisroel, who brought this matter to this author’s attention. They themselves are not on the internet – one was told that a video of him appeared on it.
Some have also questioned whether one may use the cholov Yisroel milk near the coffee station, as they claim that there is also other milk in an open bottle nearby.
The author can be reached at [email protected]
Why isnt this store boycotted until that person is fired.
Creepy.
Exxon ?? They collaborated with the nazis.read james loftus book tbe secret war against the jews.should boycott them
If true, I will join the boycott.
Peeping Toms must be prosecuted to the fullest extend of the law.
The open bottle of milk there is no longer cholov yisroel.
If you all want to boycott every company that worked with the nazis you can throw out all your IBM prodcuts and half your appliances. ExxonMobil is a completely different company. It’s like boycotting Spain because of the inquisition. Pointless, meaningless, and counterproductive. Half the cars and buses in israel are Mercedes and krupp products are in kitchens worldwide.
As for video, it’s technically not illegal to film in a public area which exxon is not. It’s a private business and they can put a stop to it. Or get a couple of kannaim to slap his phone away and stomp on it. The police won’t try to hard to find who did it.
Probably the same knucklehead that flirted with me in front of my children. I never went back.
Tte bigger question I have about that gas station as well as the Shell station across the street, is why anyone fills up with gas over there when it’s $0.50 MORE a gallon than it is just less than a thousand feet away going toward Howell!!!!
The kashrus over there is not fit for anyone that adheres to a basic set of rules in kashrus.
“La’kelev-tash’lichun-oi’soi”
Some people have odd hobbies.
This Exxon only sells Cholov Yisroel milk. There is no other milk sold there. All products sold in this Exxon are Kosher.
The video posted was done with the permission of the couple who asked the worker to record it. No other videos will be recorded by any of the Exxon workers.