By Lisa Bensoussan,
The acclaimed TV series Black Mirror has earned its reputation for thought-provokingly exploring the sinister aspects of advanced technology. Among its recent episodes, “Joan is Awful” stands out as an exceptional instalment, skillfully delving into intricate legal and ethical complexities. As a law student, I found myself instinctively analysing the legal dimensions while engrossed in the episode. In this article, we embark on a comprehensive juridical examination of “Joan is Awful,” honing our focus on pivotal topics such as the right to privacy, contractual intricacies, and the potential legal ramifications stemming from the invasive portrayal of Joan’s life and the actions of the enigmatic streaming platform, while also delving deeper into the ethical implications of this technology-driven narrative.
Black Mirror’s “Joan is Awful” from the sixth season revolves around the invasion of privacy of Joan, the main character, as her every move is streamed on a popular platform without her consent. Fundamental rights and freedoms are violated by the streaming platform, including the right to respect for private and family life. Indeed, the right to privacy is relevant to the legal implications explored in the episode. While the portrayal of Joan’s private life is being publicly exposed, the episode also raises a conflict between her right to privacy and the artistic freedom of expression, even though we viewers could not help but feel sympathy for Joan. As the fictional TV show adapts Joan’s life into a disturbing scenario, she faces public humiliation and judgement due to the streaming platform’s actions. This segment examines potential legal recourses under defamation or harassment laws, exploring whether Joan can defend against the company’s actions. The discussion delves into the evolving legal landscape of online harassment, privacy, and protection.
The episode further explores contracts and consent, as Joan finds herself ensnared in a streaming platform’s show due to her alleged agreement with its terms. This analysis delves into the legal implications of contract formation, emphasising the importance of clear and informed consent. Additionally, it raises the possibility of voidable contracts if elements of duress or illegality exist. The portrayal of a contentious contract prompts questions about the evolving notion of illegality in agreements. We examine recent legal developments challenging the traditional view of voiding contracts violating statutory provisions. Analysing the potential illegality of the contractual clause that exploits Joan’s private life, we gain insight into courts’ dynamic and nuanced approach in balancing individual rights with contractual obligations amid emerging digital challenges. Joan’s lawyer’s seemingly irrelevant response to those issues underscores the complexities of her situation, leaving viewers frustrated and empathetic towards her plight. The portrayal of legal advice in the episode emphasises the real-world challenges individuals may encounter when seeking legal solutions in complex scenarios.
The lawyer’s discussion about cookies in the fictional universe serves as a thought-provoking prompt for reflecting on our modern technology and the profound impact of cookies on data privacy. Cookies can be viewed as tools used by websites to monitor visits and activities, and they are collected through various methods. Concerns often arise regarding the use of microphones on devices like laptops and phones. Some websites explain that cookies facilitate targeted advertising, benefiting advertisers by maximising their clients’ investments through personalised ad targeting and avoiding irrelevant content. This segment thoroughly analyses the utmost importance of obtaining clear user consent for data storage and access while delving into the potential implications of non-compliance. By shedding light on the complex relationship between cookies and data privacy, the episode underscores the profound significance of safeguarding user information in the digital age. This subtle yet highly relatable issue resonates deeply with viewers as cookies are not the subject of regulation at this time, elevating its relevance to a paramount aspect of the show.
Black Mirror’s “Joan is Awful” captivates viewers with its intriguing exploration of the intricate interplay between technology, privacy rights, and contractual law. In this article, we delve into a thorough analysis of the juridical aspects depicted in the episode, unearthing valuable insights into the challenges faced by individuals in a digitally connected world. Emphasising the significance of safeguarding privacy rights amidst evolving technological advancements and complex contractual relationships, we underscore the relevance of the episode’s themes to real-life scenarios. Nevertheless, it remains essential to keep in mind that while Black Mirror offers thought-provoking relevance, it ultimately remains an entertainment TV show, and not all scenarios portrayed should be interpreted as a direct reflection of reality.
References
- “Joan’s Lawyer Is Awful – Observations from a Real-Life Contracts Lawyer” written by Laura Frederick, contractnerds.com. Available here
- “Joan is Awful – a Deep Dive into the Advancement of Technology” written by Trinity Batt, thestudentlawyer.com. Available here
- “How Privacy Lawyers Could Learn from Black Mirror 6: Joan is Awful” written by Adelia Rachmaniar, medium.com. Available here
