State Representative Dixon McMakin (R-Baton Rouge) is proposing an update to Louisiana’s law regarding the posting of images or videos of illegal activity to now encompass livestreaming, in response to a concerning trend of crimes being broadcasted in real-time on social media platforms.
McMakin expressed his intentions to expand the law during a statement on Monday, March 4, highlighting the need to address incidents where individuals attempt to gain notoriety by livestreaming criminal acts, ranging from mundane activities to violent offenses like murder.
Under the current law, sharing images or recordings of crimes is prohibited, but McMakin aims to explicitly include livestreaming in the statute. This would mean that individuals who livestream themselves committing crimes or acting as accessories to crimes could face legal consequences.
However, McMakin acknowledges the potential challenge of differentiating between livestreams and pre-recorded videos, a sentiment echoed by Criminal Defense Attorney Franz Borghardt. Borghardt emphasized the distinction between sharing a recorded video and broadcasting a live event as it unfolds, suggesting that this nuance could present legal complexities.
Another concern raised by Borghardt is the potential infringement on bystanders’ First Amendment rights, particularly those who livestream to document events they witness, such as incidents involving their children. He suggests that the proposed legislation may need refinement to avoid unintended consequences.
Nevertheless, Borghardt acknowledges the societal rationale behind the proposed bill, emphasizing the importance of deterring individuals from recording and broadcasting criminal activities for fame or notoriety.
McMakin, representing the millennial caucus and recognizing the prevalence of livestreamed crimes, is determined to curb this behavior in Louisiana. He sees the proposed legislation as a necessary step to address a growing trend of individuals attempting to gain online recognition through unlawful activities.
Borghardt concludes by noting the opportune timing for legislative action, given the current conservative majority in the Louisiana legislature, suggesting that now is an ideal moment to introduce new laws or enhance penalties for existing crimes.