While recording in a public space is one issue to consider, does someone doing this not need the permission of all the randoms also present in the restaurant?
I'm not sure how it works legally. It depends on if it's public or private. If you're recording people at a park, legally you're allowed to. Anywhere that's public people are allowed to record you. The restaurant themselves let him record, so whether that makes it fall under public and legal or still a private place and illegal, I don't think it really matters. If it's legal, which it very well may be, it's an unspoken societal rule not to make recordings in places like that.
Exceptions are like, there was this documentary film with Ernest Borgnine in the 90s where all he did was travel to different small towns across the US, see what was in there, and would get something to eat at places. It was just, let's have a road trip, but also it's a celebrity so it's a bonus. The reason that's acceptable, the film crew coming into a small restaurant and Ernest Borgnine chatting up locals is A) if people ask not to be in it, typically, unlike these Tiktoker types, the editors will probably respect their wish and cut them out, not shame them and "put them on blast" for asking to not be a part of it.
B) Ernest Borgnine was the draw and he interacted with the public. The public was being used the way the public should be used for...to interact with it. It would be very different if people were eating, Ernest Borgnine shows up by himself with a handheld camera and starts monologing next to people eating. Sure some people would be star struck, even in the 90s, but a lot of people would think "that's really rude and annoying, and presumptious...even if he is a celebrity, don't just come into a restaurant and "talk to yourself". In the documentary, and the behind the scenes footage on youtube of all the stuff you don't see in the actual film, where he's just shooting the breeze with random people, he's just being a friendly guy; engaging with people. The food isn't the focus. It's "lets follow this loved celebrity to places all over America and get the local flavor of places".
In that case, the unspoken rule of "don't film randomly in businesses when people are having an expectation of not being filmed or have an obnoxious person talking near them" is given an exception because anytime a celebrity goes to a small town, especially back in the 90s when having been in movies actually meant something, it was a cool thing, like seeing a rare endangered owl fly overhead or something. The rules get put aside temporarily.
"Content creators" aren't charismatic, don't have gravitas, they aren't known for anything other than churning out content, thus them recording in places breaks the unspoken rule regardless of whether it's legal or not.
While recording in a public space is one issue to consider, does someone doing this not need the permission of all the randoms also present in the restaurant?
I'm not sure how it works legally. It depends on if it's public or private. If you're recording people at a park, legally you're allowed to. Anywhere that's public people are allowed to record you. The restaurant themselves let him record, so whether that makes it fall under public and legal or still a private place and illegal, I don't think it really matters. If it's legal, which it very well may be, it's an unspoken societal rule not to make recordings in places like that.
Exceptions are like, there was this documentary film with Ernest Borgnine in the 90s where all he did was travel to different small towns across the US, see what was in there, and would get something to eat at places. It was just, let's have a road trip, but also it's a celebrity so it's a bonus. The reason that's acceptable, the film crew coming into a small restaurant and Ernest Borgnine chatting up locals is A) if people ask not to be in it, typically, unlike these Tiktoker types, the editors will probably respect their wish and cut them out, not shame them and "put them on blast" for asking to not be a part of it.
B) Ernest Borgnine was the draw and he interacted with the public. The public was being used the way the public should be used for...to interact with it. It would be very different if people were eating, Ernest Borgnine shows up by himself with a handheld camera and starts monologing next to people eating. Sure some people would be star struck, even in the 90s, but a lot of people would think "that's really rude and annoying, and presumptious...even if he is a celebrity, don't just come into a restaurant and "talk to yourself". In the documentary, and the behind the scenes footage on youtube of all the stuff you don't see in the actual film, where he's just shooting the breeze with random people, he's just being a friendly guy; engaging with people. The food isn't the focus. It's "lets follow this loved celebrity to places all over America and get the local flavor of places".
In that case, the unspoken rule of "don't film randomly in businesses when people are having an expectation of not being filmed or have an obnoxious person talking near them" is given an exception because anytime a celebrity goes to a small town, especially back in the 90s when having been in movies actually meant something, it was a cool thing, like seeing a rare endangered owl fly overhead or something. The rules get put aside temporarily.
"Content creators" aren't charismatic, don't have gravitas, they aren't known for anything other than churning out content, thus them recording in places breaks the unspoken rule regardless of whether it's legal or not.
In every single party consent states, it is perfectly legal because you don't have a "reasonable expectation of privacy" in public.