Running Man Complaint - Analysis

A man filmed without his consent asks the court,

“Are there really no limits on Borat’s ability to pluck otherwise anonymous citizens out of a crowd and subject them to public ridicule for profit in the name of the ‘public interest’?”

(See Opposition to Motion to Dismiss, left). In his complaint -- see .pdf file above -- Plaintiff sued for damages and to prevent further distribution of the film, citing New York’s Civil Rights Law § 51, which prohibits the unauthorized commercial use of a person’s name, portrait, picture. In the trailers for the film, Plaintiff's face was scrambled, but when the film aired, any pixellation was removed.

The 13-second "running man" scene shows Borat as he approaches Plaintiff on a Manhattan street corner, extends his hand, and says, "Hello, nice to meet you. I’m new in town. My name a Borat [sic]." Plaintiff runs away in apparent terror, screaming "Get away!" and "What are you doing?"