Privacy in the Spotlight: Do You Have a Right to Privacy at a Concert?

BLACKPINK’s Lisa pauses mid-concert at Allegiant Stadium in Las Vegas to snap an impromptu selfie with Brian Witkin and his wife Nicole Witkin in the crowd- a spontaneous fan moment that also highlights how the lines between public and private life blur in today’s concert experience.When you buy a ticket to a concert or sports game, you’re joining thousands of people for a shared experience: music, lights, big screens, and plenty of cell phones. But what happens when that shared experience goes viral?

Earlier this year, a moment at a Coldplay concert sparked a controversy that asks exactly that question. During a live crowd shot segment, the camera being shown to the audience on the jumbotron panned to a couple in the crowd who reacted and pulled apart immediately upon seeing themselves on screen. Noticing the awkwardness, frontman Chris Martin joked about it from the stage. The clip spread across social media, and soon the internet was trying to identify the pair. They were eventually identified as Andy Byron, CEO of the company Astronomer Kristin Cabot and Astronomer’s chief people officer. Both ended up losing their jobs after online speculation about their alleged affair got out of hand.

The situation raised a bigger issue: what kind of privacy do any of us really have in public spaces like concerts or sporting events?

What the Law Actually Says About Privacy in Public
In simple terms, U.S. courts recognize that an individual only has a “reasonable expectation of privacy” in certain places or situations. That phrase comes from a landmark Supreme Court case called Katz v. United States, which basically says: if you’re somewhere you reasonably expect to be left alone, like your home or a private conversation, the law can protect you. If you’re somewhere public, that protection mostly disappears.

California uses a similar idea. In a leading case called Hill v. NCAA, the state’s Supreme Court said that to claim invasion of privacy, you have to show three things:

1. A legitimate privacy interest
2. A reasonable expectation of privacy under the circumstances
3. That the intrusion was serious or offensive.

At a concert or stadium, those first two elements are hard to meet. You’re surrounded by thousands of people, cameras are everywhere, and the ticket fine print often says the event may be recorded or broadcast. Simply put: you can’t reasonably expect to be “private” in a public crowd.

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So, Could the Coldplay Couple Sue?
Probably not, at least not for invasion of privacy. They were in a packed arena, visible to everyone around them. Nothing about the filming or the moment was secret. Even California’s privacy laws, which are stricter than many other states, usually protect private conversations or places (like your home, car, or a closed office), not public behavior in front of thousands of people.

There might be moral or reputational fallout but, legally speaking, the privacy claim is weak. Courts draw the line between what’s truly private and what’s just uncomfortable to have seen by others. In a stadium, the law assumes you know you might be on camera.

The Real Legal Risks Are Online
While it’s unlikely that Coldplay or the venue did anything illegal, the situation shows how quickly online behavior can cross the line. Posting false claims, doxxing, or spreading personal information can open the door to defamation or harassment issues. The bigger problem today isn’t the camera, it’s what happens after the footage leaves the venue.

Takeaway: When You Step into the Spotlight, Expect to Be Seen
For artists, promoters, and fans alike, the lesson is simple: once you’re in public—especially at a concert or sporting event—your expectation of privacy is limited. That doesn’t mean basic courtesy goes out the window. Just because it’s legal to film doesn’t always mean its kind or appropriate.

But from a legal standpoint, both California and federal law make one thing clear: when you step into a crowd, you’re stepping into the spotlight.

About Brian Witkin
Brian Witkin runs a boutique entertainment law firm in Del Mar, California. He is also an award-winning musician, producer, and CEO of Pacific Records. Brian has spent nearly two decades in the record business, is a Grammy Voting Member of the Recording Academy, and an official Ovation Guitars artist. Brian’s father, Joe Witkin, was the original keyboard player for Sha Na Na, who performed at the iconic Woodstock Festival in 1969.

Note: This article is for general informational purposes only and does not establish an attorney-client relationship. The information is deemed reliable but not guaranteed. Every situation is different, and the general information contained in this article may not apply to your specific situation. The author and publisher assume no responsibility for actions taken based upon the contents of this article. Seek the advice of counsel for your specific situation.

© Law Offices of Brian A. Witkin 2025.