Broncos extortion attempt

[ivanhungryjak]

So is there a full transcript of this conversation?

I don't think so, in the story I linked to, they quote what he said. It's only a line or two (line, lol).

 

[ivanhungryjak]

Having said that, if it turned into a police investigation, I'm sure they could get the full recording from 7 and it'd be pretty easy to identify the player and what he said.

 

[Rabbir]

EDIT: Inappropriate.

 

[Old Mate]

Is it even legal to film in a public toilet?

Ask Todd Carney.

 

[Morkel]

So.. Blackmail (as opposed to extortion) ???

 

[Nashy]

Could everyone please stop calling it 'extortion'? Unless said fellow is demanding money, property etc from the player / club / NRL in question in exchange for the alleged video, it isn't extortion. Not by law anyway.

A breach of privacy, perhaps an attempted fraud, perhaps criminal defamation depending on what is alleged it may be, but it isn't extortion.

Uhh. He asked for $70,000 for it didn't he?

 

[Super Freak]

Is it even legal to film in a public toilet?

It's illegal to film someone using the toilet.

But it's not actually illegal to film someone inside a public toilet that's not using the toilet, bathing/showering, dressing/undressing or performing sexual acts. Not from what I'm reading.

 

[Jason Simmons]

Uhh. He asked for $70,000 for it didn't he?

Yes, In a sale to News Corp. Not as a demand or threat to anyone.

 

[Jason Simmons]

It's illegal to film someone using the toilet.

But it's not actually illegal to film someone inside a public toilet that's not using the toilet, bathing/showering, dressing/undressing or performing sexual acts. Not from what I'm reading.

Depends. In Queensland it most certainly is illegal per Section 227A of the Criminal Code to record someone who has a reasonable expectation of privacy, and without that person's consent. It is also illegal to distribute such a recording under S 227B without consent.

Being in a toilet cubicle is most certainly a place where the law deems that people have a reasonable expectation of privacy.

NSW as I understand it has much stronger privacy laws than Qld, so I'd be amazed if it were legal there.

 

[Kaz]

Could everyone please stop calling it 'extortion'? Unless said fellow is demanding money, property etc from the player / club / NRL in question in exchange for the alleged video, it isn't extortion. Not by law anyway.

He is wanting money for the video, so it is extortion..

415 Extortion 415 Extortion

(1) A person (the demander) who, without reasonable cause, makes a demand—
​

(a) with intent to—​

(i) gain a benefit for any person (whether or not the demander); or

(ii) cause a detriment to any person other than the demander; and​

(b) with a threat to cause a detriment to any person other than the demander;
​

Criminal Code 1899 - SECT 415
415 Extortion

 

[Kimlo]

LawHQ

 

[Jason Simmons]

He is wanting money for the video, so it is extortion..

415 Extortion 415 Extortion

(1) A person (the demander) who, without reasonable cause, makes a demand—
​

(a) with intent to—​

(i) gain a benefit for any person (whether or not the demander); or

(ii) cause a detriment to any person other than the demander; and​

(b) with a threat to cause a detriment to any person other than the demander;
​

Criminal Code 1899 - SECT 415
415 Extortion

Yes, I can read the criminal code as well. In fact I do it daily. So who is the 'demand' of?

The videographer has offered the video for sale to news outlets. What demand has he made of any person or organisation? He/she has made an offer to sell an item in exchange for money.

Seeing how this seems to have become a legal argument, there is no definition of 'demand' in the Criminal Code so we have to refer to the ordinary dictionary meaning of the word in this case and the most usually referred to dictionary is the Oxford English dictionary which defines 'demand' as a noun meaning 'an insistent and peremptory request'.

According to the facts as they are known to me via the various publication, the offer to sell this video has not been accompanied by a request for anything other than exchange of money.

However, and this is the important bit for it to be extortion in section (1) (b) the demand must be accompanied with a threat to cause a detriment.

The perfect example of extortion in this instance would be if the videographer had a made a demand to the player or the Broncos for $70k OR he/she would post the video online.

That is extortion.

Simply offering for sale something you have obtained, even if the obtaining of it is illegal, isn't extortion even though it might affect someone detrimentally.

It is however fraud.

Check Section 40C if you don't believe me...

 

[broncos4life]

Yes, I can read the criminal code as well. In fact I do it daily. So who is the 'demand' of?

The videographer has offered the video for sale to news outlets. What demand has he made of any person or organisation? He/she has made an offer to sell an item in exchange for money.

Seeing how this seems to have become a legal argument, there is no definition of 'demand' in the Criminal Code so we have to refer to the ordinary dictionary meaning of the word in this case and the most usually referred to dictionary is the Oxford English dictionary which defines 'demand' as a noun meaning 'an insistent and peremptory request'.

According to the facts as they are known to me via the various publication, the offer to sell this video has not been accompanied by a request for anything other than exchange of money.

However, and this is the important bit for it to be extortion in section (1) (b) the demand must be accompanied with a threat to cause a detriment.

The perfect example of extortion in this instance would be if the videographer had a made a demand to the player or the Broncos for $70k OR he/she would post the video online.

That is extortion.

Simply offering for sale something you have obtained, even if the obtaining of it is illegal, isn't extortion even though it might affect someone detrimentally.

It is however fraud.

Check Section 40C if you don't believe me...

But he called up the player and demanded money or he would sell it to the media didn't he? Isn't that the text book definition of extortion?

 

[Unbreakable]

Isn't that blackmail? lol

 

[Super Freak]

Yes, I can read the criminal code as well. In fact I do it daily. So who is the 'demand' of?

The videographer has offered the video for sale to news outlets. What demand has he made of any person or organisation? He/she has made an offer to sell an item in exchange for money.

Seeing how this seems to have become a legal argument, there is no definition of 'demand' in the Criminal Code so we have to refer to the ordinary dictionary meaning of the word in this case and the most usually referred to dictionary is the Oxford English dictionary which defines 'demand' as a noun meaning 'an insistent and peremptory request'.

According to the facts as they are known to me via the various publication, the offer to sell this video has not been accompanied by a request for anything other than exchange of money.

However, and this is the important bit for it to be extortion in section (1) (b) the demand must be accompanied with a threat to cause a detriment.

The perfect example of extortion in this instance would be if the videographer had a made a demand to the player or the Broncos for $70k OR he/she would post the video online.

That is extortion.

Simply offering for sale something you have obtained, even if the obtaining of it is illegal, isn't extortion even though it might affect someone detrimentally.

It is however fraud.

Check Section 40C if you don't believe me...

"I'm with Channel 7 and 9 now...I'm not sure if I should sell it to them or go with your behalf."

Maybe I'm not understanding it, but that sounds like extortion to me.

I would think selling it to the media would cause detriment considering what they will do with it.

 

[Jason Simmons]

But he called up the player and demanded money or he would sell it to the media didn't he? Isn't that the text book definition of extortion?

That isn't what the articles have said. He has simply shopped the video around to media outlets.

If he has demanded money from the player or anyone else AND threatened to publish it or sell it elsewhere, no problem. It definitely is extortion but there hasn't been any demands on the player from what I've read of it.

Just like the Corey Norman sex tape, whoever has it has just tried to get some $$$ straight from the media outlets.

Which may be illegal, but it isn't extortion.

 

[vertigo]

The perfect example of extortion in this instance would be if the videographer had a made a demand to the player or the Broncos for $70k OR he/she would post the video online.

That is extortion.

Umm...

"I'm with Channel 7 and 9 now...I'm not sure if I should sell it to them or go with your behalf."

"you can pay me off now OR I'll ruin your career"

Silly me, just sounds like an honest chap trying to sell some video of someone doing coke, as you do..:dontknow:

 

[Super Freak]

That isn't what the articles have said. He has simply shopped the video around to media outlets.

If he has demanded money from the player or anyone else AND threatened to publish it or sell it elsewhere, no problem. It definitely is extortion but there hasn't been any demands on the player from what I've read of it.

Just like the Corey Norman sex tape, whoever has it has just tried to get some $$$ straight from the media outlets.

Which may be illegal, but it isn't extortion.

Channel 7 have audio of the phone call he made to the player.

Brisbane Broncos player cocaine video, audio recording extortion - Yahoo7