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Sunday, 14 July 2024

Watching Social Media Audits: Like Being Swallowed by a Quagmire of Ignorance

Watching social media auditing videos on YouTube is a bit like being swallowed by a quagmire of ignorance.

One of the biggest "stars" on the social media auditing front is a chap called Curtis Arnold although, for reasons of self-preservation, he recently changed his name to Daniel James Edwards. His photograph, shown above, is available from a lot of public sources. He currently goes by the name of DJE Media on YouTube.

Having seen my earlier article a reader forwarded me the link of one of DJE Media's latest videos, in which he "audits" a G4S cash in transit depot in Swansea. The video is called "It's An Offence NOT To Provide Operator ID", although that's a bit of a clickbait title in common with most of his other videos. I regret to say I watched it in full.

Before delving deeper into this particular video a quick recap on the current craze of social media auditing. In short, this is an activity where people exercise their lawful right to film or take photographs in a public place. It is perfectly legal for anyone to film or take photographs of anything they can see from a public place. That said, just because it's legal doesn't necessarily mean it is always the appropriate or responsible thing to do.

Of course simply filming in a public place wouldn't, necessarily, make for a very entertaining video. For that reason a lot of social media auditors, DJE Media included, will attempt to provoke a response to their filming. That might be by filming in sensitive locations or at places with obvious security concerns. It might be by filming a particular demographic, like police officers or security staff. It might be by entering places displaying "no filming/photography" signs with the sole intention of doing just that.

A lot of social media auditors actively court controversy, because it attracts a larger audience which, in turn, results in greater exposure and increased advertising revenue. Many will become argumentative and aggressive, in the hope that their target will respond in kind and thus make a more entertaining video. The majority of auditing videos are cheap, gutter viewing of the lowest order. Despite any pretence of providing a public service or investigative journalism, the majority of auditors are motivated by entirely by egotism and greed. DJE Media falls squarely into that category.

Back to the video in question, in which DJE Media attended the G4S Cash Solutions depot on Kingsway, Swansea. As is customary in his videos, he attended with the intention of filming the facility and flying his drone above it. It is a high security facility, which he knew would guarantee a response when he started snooping about with his camera and drone.

I have been asked to comment on DJE Media's drone use in particular. I have discussed the legalities of drone flying in an earlier article.

On this occasion DJE Media was flying a DJI Mini 4 Pro (aff. link), which is a very popular sub-250 gram model of drone. Being sub-250 gram there are very few limitations on how and when it can be flown. That said, legislation requires the following:

  • That a valid operator ID is displayed prominently on the drone;
  • Compliance with a maximum flight altitude of 120 metres (400 feet);
  • That the drone pilot maintains a visual line of sight with the drone in flight;
  • That the drone is not flown over any crowds of people;
  • That the drone is not flown in any airspace to which a relevant restriction applies;
  • That the drone is not flown in such a manner that it causes a hazard to other aircraft.

There is nothing in the video to suggest that DJE Media has contravened any of these requirements.

Once the police arrived on the scene they very quickly established - indeed DJE Media admitted - that he had been flying a drone over the G4S depot. That being the case the officers had more than sufficient grounds under paragraph 2 to schedule 9 of the Air Traffic Management and Unmanned Aircraft Act 2021 to require him to provide details of the operator.

This can only be achieved by showing or telling the officers the full operator ID number displayed on his drone. Indeed it is an offence for any person reasonably suspected of flying (or having flown) a drone to fail to provide operator details to a police officer if they are requested and they are able to do so.

I tried to point this out in the YouTube video comments, but seemingly every other commentator - being sympathetic to DJE Media's cause - was of the opinion that it was not necessary to show the full operator ID number. In their opinion simply showing that such a number existed (e.g. "here it is, but you can't read it") was sufficient. That is clearly incorrect, because unless the officer is able to read the digits there is no way they can check its validity and thereby confirm compliance with the registration requirement.

If it was simply a case of flashing the number then anyone could write any old number on their drone. It isn't exactly difficult to find out the correct format for an operator ID (here's one I made earlier - GBR-OP-123466664321). Of course DJE Media's YouTube channel being what it is, he was quick to delete my comments as they disagreed with own poorly informed opinion.

So, in short, his actual flying in the video is perfectly legal, but his refusal to provide his operator ID is not. The maximum penalty on conviction for this offence is a fine at level 2 (£500), but more significantly it gives the court an avenue of making ancillary orders like deprivation or a CBO.

It is unfortunate that the officers dealing with DJE Media have been uncertain about some aspects of the legislation, but hopefully they have now addressed that matter.

11 comments:

Anonymous said...

😂

Anonymous said...

If the CAA get their act together and specify at what altitude it is considered as trespass for a drone operator to be flying over private land (re rights of a landowner /ruining enjoyment) this would put a stop to this crazy behaviour immediately !

Anonymous said...

Curtlisp has just been banned from driving! That will hopefully give his victims some relief.

Anonymous said...

Many of these 'auditors' are of the opinion that they are free to fly over private property because 'you can't own airspace'. There appears to be some misinformation regarding airspace. Many people seem to think that a landowner does not have ownership of the airspace above their property. This is not the case and several cases have ruled that landowners do in fact have rights regarding airspace.

Landowners have rights, not just to the surface of their land, but to the airspace above it “usque ad coelum” (up to the heavens). UK courts have ruled that "the airspace above a property, up to a reasonable height necessary for the ordinary use and enjoyment of the land, is part of the property itself." These rights, however, “do not extend indefinitely upwards.”

You cannot fly a drone over private property without the consent of the landowner. If you do, you are liable for trespass, aggravated trespass, data controller responsibility. There are fines, and even criminal charges, that can result from illegal drone flights, including those over private property.

Flying into the airspace of a private property has been ruled by the court as trespass. Although trespass is a civil matter, aggravated trespass is a criminal charge. For the trespass to be aggravated, ordinary use of the property, or work undertaken upon it, must be interrupted. There could also be issues regarding intimidation, alarm, harassment and distress. Drone flights could also constitute a noise pollution and/or public nuisance.

Section 76 of the Civil Aviation Act 1982 provides a statutory defence to trespass or nuisance if the drone flight is at a reasonable or ordinary height. This is not the case, however, if the drone has a camera. Drone operators must ‘respect reasonable expectations of privacy’ when collecting images.

The operator must comply with privacy laws and courts would consider “whether the drone use can be strongly justified.” If information is published online, this is a GDPR issue because whoever uploads such images becomes a data controller. Operators should inform individuals if personal data is collected and obtain consent for filming on private property.

Without this, the use of a drone is not ‘reasonable’ or ‘justified’ and recording people without their consent can be a direct violation of the Data Protection Act in many cases. If someone complains to you or asks for footage of themselves to be deleted, handle it seriously – under law, individuals do have the right to demand their personal data be erased or not processed further in many circumstances.

In 2023, Anglo International Upholland Ltd v Wainwright [2023] 5 WLUK 613, became the first case in English legal history to rule that drones are causing trespass. The judge ruled that: the simple act of flying over the… site does not give rise to a claim in trespass…The basis of complaint is not the simple act of flying, but rather what is happening during the flight. Photographs and videos taken by cameras mounted on drones facilitate and encourage further trespass and potentially endanger life. Such footage and photographs can be used to work out new ways to enter the site. The only reason to fly a drone over the site is to facilitate trespass in the way I have described. Alternatively… flying a drone so that footage can be taken means, in my judgement, that its height above ground could not be said to be ‘reasonable.’”

In other words, if you fly over somebody’s home and can take clear pictures, your drone is not at an adequate height to protect privacy and, therefore, this would not be reasonable.

Magistrates Blogger said...

Thanks for such a detailed comment, which I fully agree with. However, from a practical point even if their actions are unreasonable, very few people will have the appetite or knowhow to commence a civil action.

Anonymous said...

Can you provide any reference for the notion that filming one on private property makes one a data controller subject to DP legislation in a way that filming on public property does not?

Anonymous said...

Someone said you can not fly a drone over private property. This is misleading and the poster does not know the law. Companies do roof surveys by drone as it is safer than ladders. This means if you lived in a large house and had a drone survey your roof then you would be breaking the law because the drone would need to pass through the neighbours airspace. The police use drones so they themselves would be breaking the law if they passed over private property.


As for alarm and distress etc for this be to proven intent must be shown. This means a drone operator has turned up with the intention to distress you. If the flying of a drone is legal then you can not claim alarm and distress. Gunshots are alarming, however you can not close down a clay pigeon ground because you were passing and felt alarm and distress.

Many events and activities can cause alarm but because they are legal they are allowed to proceed. For example, the horse fair, biker meets, shooting, night clubs, festivals, stag parties.

You can not declare that someone is guilty of an offence just because you feel alarm and distress because someone is conducting legal activities. If someone undertook activities in order to scare you or distress you then this would show intent. As suggested above gun fire is alarming. A person new to an area can not wake up and claim alarm and fear if they have just moved next to a shooting ground. Many people feel distressed and alarmed by large groups of football fans going to the match. Many people feel alarm and distress when gypsies arrive on local field, however the gypsies are hardly prosecuted under those laws as it would be hard to prove they arrived at a certain location to scare a particular person.


The only potential problems with private property is if a drone operators flies over your land, points the camera at you, zooms in so you can be identified and then says this is joe blogs standing in garden. That has privacy implications. For buildings and public space people can not expect privacy. At 400 feet people are not really able to be identified. You would not be subject to data controller as you would have no idea who the person is. And again this is false argument. For example when there are major events on news the BBC will fly helicopters and drones. They use drones at wimbledon tennis and thousands are seen in the ground or in the queues. The BBC does not maintain a list of who they are as they have no idea who they are. I have seen myself on the news.

Drone flying does not amount to nuisance if used in a manner consistent with the law. Clearly this would change if a drone operator flew over a nursing home at 3am. Drone tech is improving and the noise would be far less than a passing car or a lawnmower. It is easy to make these arguments but when you read the small print it is a different matter.

There are many legal applications for drone use. The police use them, network rail use them to survey tracks ( plus they pass over private homes ), construction use them, film makers use them, wildlife people use them, people use them to search for lost dogs, for sports, and the outdoors.



I could fly over the posters home with a drone and provided I stuck to limits I break no law. If I am passing info onto others who are looking to rob your home then ipso facto the drone use is unlawful. If I fly the drone at you at low height then I would commit a offence. I commit no offence if you just look up and see my drone at 400 feet flying over your garden.

Full disclosure. I do not fly a drone and do not support drone auditing.

Anonymous said...

Curtis Arnold from Nov 23 to expiry Nov 24 registered his drone op id with the CAA in the alias Daniel Edwards, disguising his true identity, although if ?on a register its illegal to change your name to hide your true identity.

He purchased a new drone in use from late Nov 24, however the operator id is a hand written label, barely legible and mostly covered with black tape, clearly violating CAA legal requirements.

This operator id ,by his own admission in his video chat, is actually registered in the name of a third party a high profile auditor friend with similar channel initials, even though Curtis is the drone owner and clearly the sole daily operator.

Police attend in many of his videos and it highlights the lack of enforcement and knowledge of legal drone regulations including line of sight and ability to see the drone with naked eye at all times and their failure to identify him with op id clarification and a PNC check revealing his full criminal history, his youtube channel details and provide immediate context of the incident.

This real time police identification he is clearly desperate to avoid.

Anonymous said...

Great news, do you have a new article or court reference to confirm this please.

Anonymous said...

Any link or reference i can follow to confirm the driving ban would be much appreciated so we can celebrate, thanks.

Anonymous said...

Hugely incorrect and misleading, please read the below response dated 17th April 23:14 from another which provides factual explanation and correct information