Conveyor belt sushi chain where foreigner filmed GoPro video considers pressing criminal charges

Who does something like that without asking permission of the restaurant and customers? The videographer has no manners.

A point about "hygiene" : Sushiro takes it EXTREMELY seriously.

If an employee enters the changing room and touches the kitchen or a freezer's door with his hand without having washed them first, the shop can be labeled "dangerous" by the company.

There is a "health check" before starting work : if an employee has even a little sign of a fever, he will be asked to go back home.

If you work in the kitchen, you have to clean your work space every 30 minutes.

So, a go pro on the conveyor belt, it's a disaster for them.

Several people looked surprised but none looked upset or angry.

Surprise precedes anger. Anyone would be surprised to see a camera among the dishes on the conveyer belt. The anger comes afterwards when they realize they may have been filmed, when they think about someone's dirty camera mixed with the food and- most importantly- when they realize their family dinner has been used to entertain strangers on Youtube with their permission.

One thing I like about Japan is he rather strict privacy laws. Americans not only surrendered their privacy without so much as a peep, they even allow it to be sold. It may be a losing battle, but at least Japan is fighting it.

Bad manners aside, this is basic privacy law violation and he got off lightly. For those who want to make videos for unrestricted viewing or commercial use (this video was both), you need permissions to do the shooting plus the required model and property releases. Anything less, you take the risk and you are fully exposed in a legal sense.

Guys like this that try to blatantly 'gaijin-smash' their way through every boundary to get a good video or photo make it harder for those who do it legitimately. Sure, Japan goes well overboard in this area but it's just how things are.

Even from a hygiene stand point it's a big deal. No one in that restaurant knows where that camera has been. Granted, the hygiene if these chains is questionable anyway, but saying that is OK is basically saying it's open season to put anything on the conveyor. 'Oh, let's put this empty drink bottle on the conveyor, it's clean (just for laughs)...' It's disgusting and I have no problem with the restaurant taking action on this.

Either by premeditated design or on a whim, TkyoSam put his GoPro on the conveyor belt

Maybe he thought of it himself, but I saw a video doing exactly this at least four years ago, so it's not an original idea.

It was actually a really cool video. I would have liked to see this one too, though I can understand how it's a privacy violation - what if someone was there on a date with someone who wasn't their significant other?

Had he not pixelled out the faces of those who hadn't agreed to be in a video posted on Youtube?

Well, that was silly of him.

Having watched some of TkyoSam's videos in the past, I've lost any respect I may have had for this man. He is a disgusting fat slob and it should be no surprise that he'd do something like this. Go back home to America Sam if you want to be a jack@$$ in public and piss people off. You're behavior gives all visitors/residents living here a bad image.

This would anger me. It's an invasion of my privacy.

What if I had been there with one of my 5 girlfriends? I would have been busted!

Put these two cheeky fellas up against the wall !!

In general, Japan takes hygiene very seriously

so why is it almost impossible to find soap in toilets

Good, I am so sick of these wanna be social media stars and vloggers filming everything in life.

If you want to film yourself at your table, fine, but stop intruding on company property and the privacy of others.

The concept of putting a video camera on a sushi conveyor belt is also so overdone, having been in existence for over 10 years now.

Seems I have to add some things about hygiene :

As I wrote above, Sushiro takes hygiene VERY seriously.

The reason being that it is a sushi restaurant, therefore handling raw food in high quantity. Several kilos served to hundred of people everyday. Which is why lots of precautions are taken so it will be safe to eat.

During winter, we hear regularly about mass food poisoning in restaurants or super markets. It happened at Sushiro restaurant too in the past. Three times actually. That's why they implemented extreme measures so it would not happen again. And it have not in years. Call it over the top if you want, but the results are in.

When mass food poisoning happened, it was for simple reasons : one employee didn't wash his hands, or an employee who looked alright had the norovirus. And like this, a few dozen people got sick.

So, yes : a guy puts a go pro, which could have gone anywhere before, on the belt, it's a big deal.

(By the way, I think the rules are written at every seat : clients are asked not to touch the belt, not to return a plate they touched, etc... so "don't put a camera on it" should be pretty clear.)

I've had the unfortunate displeasure of knowing about TkyoSam for a number of years now and let me just say that I am one of many people who are glad to see that he could finally see some repercussions for his atrocious behaviour.

If you take one look at his IG account or a topic about him on a website called PULL. You would see that he is a misogynistic racist and not only that. He takes pleasure in taking photos of a girl's private area (usually her butt) without her knowledge and he'll post it onto IG asking his followers to rate her out of 10.

@Bintaro

interesting info, didnt know that.

Personally I liked the video, having a peek in each of the booths, watching people. BUT, the guy should've asked permission first.

A few thoughts about the privacy issue :

First, the shop is the property of the company, not a park. So if they don't want you to film or take pictures, it's their right.

Second, if I remember well, the end of the video was in the kitchen.

That may be a problem because employees have a badge with their name written on it, which is now (was) on the biggest video sharing website on the internet. FYI, Sushiro employs high school students too, so people who are still minors.

I'm not sure it happened, but I think it's a risk that can be taken into account.

I think the owner of Sushiro was mainly covering his butt legally by threatening a lawsuit. Think about it, if he said "no big deal", he'd easily be opening himself up to being sued by the customer's that were filmed. This is Japan, and if it were late on a Friday evening... they quite likely might have filmed some guy out having Sushi with his latest flame from the office, while his wife was at home minding the kids. Not saying it doesn't happen elsewhere but I think odds might be a bit better here than other countries. I say... no big deal but I'm sure a lot of guys in Japan might stay away from Kaitenzushi on certain occasions.

I thought it might be an interesting video, went to YouTube. What a dork. Why does japan give visas to such people. I recommend you don’t watch.

Still don't see how that could be applied to photography and video

Well, It's definitely been applied to upskirt photographers who are caught on commercial property (absent any other local ordinances explicitly banning it), so there is precedent for criminalising just the act of photography where is disturbs other customers.

In this particular case, putting the camera on the conveyer belt is probably more likely to draw charges than the photography itself. Most people who get convicted of obstruction of business don't see how it applied to their case either. Article 234 has been used to criminalise everyone from protestors, to the nationalist groups harassing Korean schools, to the Sea Shepherds who boarded a Japanese ship, to the recent arrests in the Maglev bid rigging scandal. The force part of the law seems to be interpreted very broadly to include any sort of activity regardless of how minimal it is.

I just watched the video on Youtube even though it says that the video was deleted. Actually, it wasn't that interesting. Did it really "go viral"?

There are no privacy laws preventing the filming or photographing in public places.

I think it's more like 'there are no laws preventing photos or video from being taken in public places'. But there are privacy laws regarding the individual's right to privacy. Like many things here, those laws are quite vague. But an individual can sue you with a high chance of winning of you publicize their image without their written consent.

Anyhow, Sushiro is not a public space, and as such the relevant permissions (both model and property releases) should have been sought - especially so considering the commercial (no doubt monetized YouTube channel) nature of the video.

 So what now have they have banned the use of phones in their restaurants?

Exactly! That peeves me, too.

The fact that anything resembling a 'camera' will quickly have locals and authorities up in arms (even if random people are not visible in those images) - meanwhile everyone is walking around with an iPhone taking all the photo and video they want, then uploading it for the world to see. But an iPhone is considered 'OK' - even if the image quality is better than an older DSLR/professional 'looking' camera. It's both ignorance and hypocrisy rolled into one.

simply put, from a sanitary stance its not that dirty, and from a privacy stance its a public place. But it was a very dumb thing to do. Sushiro should have smashed his camera and said whoooops sorry

A restaurant, while accessible to the public *on certain conditions, is not public space.

In general, Japan takes hygiene very seriously

so why is it almost impossible to find soap in toilets

Exactly, and why is smoking allowed in restaurants.

How exactly is a GoPro on a conveyor belt unhygienic? If you put it on a saucer, at most you have to clean a saucer that was going to be cleaned anyways. If you let it go back around to the owner, it literally doesn't touch anything except that one plate. What the hell is everyone even talking about?

Bad manners, yes. But no worse than Japanese tourists in other countries who film everything with little regard for other people.

In general, Japan takes hygiene very seriously

With regards to employers, maybe. But they do nothing to prevent other customers from touching, coughing, or sneezing on your food before it gets to you. That goes for sushi restaurants, bakeries, and elsewhere. I would never take a sushi dish without directly ordering it (who knows how many times it spun around the conveyor belt), but just the fact that they have that system shows they don't care much about hygiene.

Let's also not forget that most Japanese cough and sneeze in their hands (if they do cover their mouths to begin with). Then they just wipe their hands down with that germ-infested towel they carry around. Oh, and they dry their hands with same towel after they do their business (that is, again, if they wash their hands to begin with). So their hands are probably never clean!

Zichi, my apologies, obstruction of business is article 234, not 233.

@Zichi

Very true, but the police will not enforce your privacy rights after the fact. You must sue to enforce these rights yourself, just like in other countries. If the police are investigating, as they seem to be here, it must involve something that could amount to a crime. I think obstruction of business is the only likely charge. I certainly don't agree with it, but this is Japan.

Unhygienic? How? That's a baffling concept as it was either on a saucer or even on the conveyor belt. Whose hygiene was affected? Zero

Also why not ask the faces be masked then make it a promotional video? I doubt there were any complaints. Good example of Corporate lacking all sense of creativity

my a#e.This fad for filming everything everywhere everyhow is annoying.  Web is full of banal rubbish like this.  to what end?  TkyoSam my a#e

simply put, from a sanitary stance its not that dirty,

Not so sure. The places where people take their cell phones and the germs on them. Willing to bet the same thing with this camera. No telling where it has been and if he had washed it. Ask yourself, would you want to eat off the plate that it was on?

"The customer’s actions are intolerable from both a hygiene standpoint and in terms of protecting the privacy of other customers,"

Ummm... how does this have anything to do with hygiene? People touch the conveyer belt all the time, and touch other things going around on it. And seriously, this in a nation where food inspection is always after the mass Noro virus outbreaks. The privacy thing I understand.

In any case, there have been videos like this posted on YouTube for YEARS, and TkyoSam was copying one of them.

"and the country’s privacy laws are also much stricter than in many other nations"

Hogwash. I caught someone taking my picture and pics of the food I was BBQing just yesterday, and when I asked if they were taking a picture they ran away. I doubt he deleted whatever he took out of guilt over "invading our privacy". They don't take privacy any more seriously than anywhere else, and invade it just as much.

"and given how strict Japanese consumers are about customer service,"

More hogwash. This is yet another "how things are in Japan" BS article full of generalisations that simply are not true. I'm just surprised they didn't try to stick in "Given how Japan is a country unique with four seasons..." or something.

More stereotypical "what-we-want-you-to-think-in-the-face-of-all evidence" bolleaux.

Exactly, and it's rather obvious from the nameless one's here who don't like this fact being shared that there are people HERE who believe it as well.

what has smoking got to do with hygiene?

This question is just too loaded....for the sake of being diplomatic, I'll pass!

I've met and talked to TkyoSam on numerous occasions. While I personally think he's arrogant, full of himself, and can be a bit of a jerk to some people, I don't think what he did was that serious. Did it violate some laws? Perhaps. But the extent of charges that people want to bring against him seem to be a bit much. Again, I don't like the guy, but I don't think he deserves the punishment many are wanting for him.

If I go to a sporting event, can I ensure that my image is not broadcast or published by the media? It is a private space after all and a business much like a restaurant.

Why does the baseball not fall foul of the same privacy laws?

Could this just be a good old fashioned scam to get compensation ? It just seems too trivial to warrant criminal proceedings.

so tired of these dumb youtubers acting annoying in public just to get likes

People do not like to be filmed by individual strangers in an obvious, active way.

I have worded it this way because people in cities filmed dozens of times a day on security cameras that for all anyone knows, or can control, can be fitted with facial recognition. People's actions, interests, and tastes are also massively tracked by online by many sites, Facebook is probably worst, but this not does not happen in an obvious and active way.

So the sensible move for would be for people to turn their (rightful) anger at any breaches of their privacy made in obvious and active way like this to the far more nefarious breaches of their privacy made in nonobvious and automated passive ways. Some dude with a gopro on the sushi conveyor is not the problem.

@zichi

There are no privacy laws preventing the filming or photographing in public places.

I would agree if it were outside. But just because the public has a right of access does not necessarily grant it the same way. I would expect to be covered be the restaurants privacy policy.

If a film crew came barging in and never sought my permission, I was be just as annoyed as I would be with these idiots here.

My previous joke aside, I could be there when I should be...er...somewhere else!

Catch me on film outside...fair enough.

(By the way, I think the rules are written at every seat : clients are asked not to touch the belt, not to return a plate they touched, etc... so "don't put a camera on it" should be pretty clear.)

Well it's rather obvious that these "clients" had no idea what they were doing was against their regulations.

Next they will have to be more specific! lol!

@ Dango Bong and Zichi

There is a world of difference between a public place, like a park or on the streets, and a private building that allows the public to use it. Shopping centers are a good example. They are owned by a company, the land is owned by the company, therefore it is private property. They allow you to use it for the purpose of shopping.

there is not much difference legally. both allow surveillance cameras so the "what if I was on a date" argument is not valid. If you do not want to be seen do not go in public

Do restaurants routinely upload videos of surveillance camera footage for the public to see in Japan without blurring out the faces of their customers only to show case the criminal?

Is there a surveillance camera at this particular store that you know about that is readily accessible for public viewing?

If you're not comfortable going to each table and suddenly filming people eating their dinners without their permission, then you shouldn't let a conveyor belt do it for you.

Regardless of whether you like his putting a camera on a conveyor or not, from a legal standpoint it is allowed.

The JP courts have decided this over and over again, the precedent is very clearly established in the courts.

You do not have any expectation or right to privacy in a space considered public, including photographs taken on streets, from streets into buildings if the space is visible from outside the building, and inside public areas such as restaurants which do not explicitly prohibit photography.

Look up past lawsuits about this.

Sushiro can try to sue him but I think their case will be thrown out. I'm not sure what they hope to do by involving police - given that he's a foreigner they'll probably try to arrest him, but exactly what criminal law has been violated here? Can they even cite it? Can anyone here cite it?

Sushiro probably should have just shut up and garnered the free publicity it was getting. Instead people are going to be afraid to do social media inside their restaurants because they don't want to be arrested by sushiro cops..!

As an addendum, the only time using photos / videos is illegal is when someone's image is being deliberately exploited for the purpose of monetary gain.

In that sense, if the original youtuber was using the company's logo for profit, or was somehow casting the patrons or staff of the shop in a negative light, he could be liable for civil damages but not criminal damages.

How do you think paparazzi manage to do their jobs in Japan if what they were doing was illegal? Their offices would be raided constantly. Just because you don't like being photographed doesn't make it illegal - there are a lot of rules about this but most of them protect photographers, not the other way around.

paradoxboxToday 06:40 am JSTAs

an addendum, the only time using photos / videos is illegal is when someone's image is being deliberately exploited for the purpose of monetary gain.

Correct me if I am wrong, but many famous "Youtubers" are being paid for the number of views through ads. Is that not monetary gain???

There are no signs or warning that its not allowed and a restaurant

There are no signs or warnings that you can't take a whizz on the floor either, but that doesn't mean you're allowed to.

Sam IS NOT Logan Paul. Sam has lived in Japan for 10+ years...Sam is probably a permanent resident by now....Sam speaks fluent Japanese. Sam likes living in Japan. Met him 8 years ago and found him intelligent, sincere and interesting back then. View his video blogs every few weeks. If Sam is being critical or putting something down, it is usually himself. He does call out Japanese culture on some things but not in a mean way. He is much more likely to put himself down (which he doesn't need to do..)...

The restaurant manager should have approached Sam kindly; spoke to him in Japanese and worked out an appropriate way for Sam to mention and plug the place while asking him not to do that for germ/privacy/whatever reason. Putting him into the Logan Paul bucket is a mistake. Logan Paul was a one week interloper with no social maturity and condescending. Sam is basically a modern, socially observant new skool, Japan-hand. What he did is much less worse that what some Japanese variety and game shows do in making fun of people and/or physically torturing them for laughs.

All I can say is "NAIL HIM." This is not only rude behavior, but also unhygenic is so many ways. I doubt if Chef Ramsey would of thought it was funny or cool....NAIL HIM, NAIL HIM, NAIL HIM...I am so happy that Japanese firms are not letting idiots off so easily anymore.

If I go to a sporting event, can I ensure that my image is not broadcast or published by the media? It is a private space after all and a business much like a restaurant.

Why does the baseball not fall foul of the same privacy laws?

I discussed this earlier:

I seem to recall that you cannot post a picture of someone without their consent if they are the subject, but if they are just part of the picture it’s ok.

Why is it always the Americans... Come on guys, can we not be obnoxious for 10 minutes...?

From the point of view of the restaurant, and of the other customers, releasing the video was wrong.

According to TkyoSam Youtube got him fired.

They are just trying to protect themselves from copycats but honestly there is absolutely nothing they can do about it.

There are no signs or warning that its not allowed and a restaurant, even private one is still a public setting .. even if patrons dont want to be filmed, they cant do anything about it after the fact...

Sue and fine

The hygiene issue is just baloney Basically what the managment of sushiro are really saying is that the conveyor belt is exclusively for food and only food, and not for idiot foreigners to deposit Go Pro cameras, plastic penis's or assorted dildos

I seem to recall that you cannot post a picture of someone without their consent if they are the subject, but if they are just part of the picture it’s ok.

The concept of putting a video camera on a sushi conveyor belt is also so overdone, having been in existence for over 10 years now.

actually Tom Green put a female pleasure device on one in the 1990s, it is a more played stunt than that and getting old

That video went viral, right? A smart businessman would take advantage of the massive free publicity and use it to boost sales .

*employees

Coconut - what has smoking got to do with hygiene?

Wakarimasen - you are joking, right? Here's the definition of hygiene from my dictionary for you: a condition or practice conducive to the preservation of health, as cleanliness.

Smoking in restaurants is not conducive to the preservation of health and is therefore, clearly, not hygienic.

However, if you do decide to film or photograph anyway, you are not breaking any laws or regulations but could be asked to leave and if you do not they can call the police.

This may be true in places like the US and Britain, but not in Japan. In Japan you are potentially breaking criminal law every time you create a headache for a business owner. Japan has unique laws that protect business interests which most western countries lack; Article 233 of the Penal Code is one example:

"A person who obstructs the business of another by force shall be dealt with in the same manner as proscribed under the preceding Article"

This is stretched to the limit in Japan. When upskirt photographers are caught inside of train stations, this is what they are charged with. Anybody protesting or making a scene will be charged with this. The police investigation of this viral video is likely based only on obstruction of business since privacy laws are also a civil matter in Japan.

In general, Japan takes hygiene very seriously

So why don't Tokyo, Shinjuku, Shimbashi and Ueno train stations provide something as basic as soap in their bogs?

Why are oyajis gracing every flat surface with phlegm and pee given half a chance?

More stereotypical "what-we-want-you-to-think-in-the-face-of-all evidence" bolleaux.

How do you think paparazzi manage to do their jobs in Japan if what they were doing was illegal?

Maybe there are different rules for public figures.

Correct me if I am wrong, but many famous "Youtubers" are being paid for the number of views through ads. Is that not monetary gain???

The monetary gain has to made through deliberate use of a specific person's image or copyrighted material (Such as a brand name or logo), so youtubers just being in a chain restaurant filming themselves or generic surroundings wouldn't count. At least this is what has been demonstrated in civil court cases like this in Japan in the past.

But if a brand or logo is displayed prominently in the video, then someone may have a fair chance of receiving compensation or getting a court order to make the video owner take the video down.

The photography laws in Japan are fairly decent and fairly similar to laws in most other parts of the developed world, with some weird special laws designed to combat upskirt phototakers which seems to be mostly a problem limited to Japan.

The next time a restaurant's staff sees a camera/gopro riding along on a food conveyor,  they should put the cameral/gopro into the dishwasher in order to decontaminate it. For health, and safety, reasons. The owner can retrieve his camera/gopro by visiting the lost and found container/dishwasher, and after providing a written description of their "lost" device, including it's serial number, retrieve their now sparkling clean and sanitized camera/gopro.

Thank you for your patronage. Please come back soon. Don't forget to leave your camera/gopro at home.

In general, Japan takes hygiene very seriously

Never said by anyone who actually lives in Japan! I damn near choked when I read that line!

Coconut - what has smoking got to do with hygiene?

TV News promotes restaurants always during prime newstime. I find that odd, but it sure beats the news.

I would love to have seen the TV News Clips about this.

Hygiene? Toilets with no soap. Smoke spewed over the glasses and dishes in front of you from tobacco. Gari containers with shared spoon open in front for anyone to dig in. Chopsticks in glasses or a box with all those dirty hands digging in. People coughing straight into the conveyor belts as they pass by. etc. etc.

Hygiene? Don't fool with us.

A restaurant, while accessible to the public *on certain conditions, is not public space

totally false

Anyone who wanted to could have removed the camera as it went around. No one did.

When you think about it, this is the sort of thing Japanese tourists do in other countries and many people do with their phones in just about every country.

There is a world of difference between a public place, like a park or on the streets, and a private building that allows the public to use it

there is not much difference legally. both allow surveillance cameras so the "what if I was on a date" argument is not valid. If you do not want to be seen do not go in public

Possible 3-5 years in jail...

"In general, Japan takes hygiene very seriously."

Whose statement is this ? As opposed to what other nationalities? Does this explain the annual flu pandemic? A mask is about the most germ infected thing in the country if not the most germ infected . In general .... that's some great comedy :)

“The conveyor belt at the restaurant where the incident took place has been thoroughly cleaned and disinfected.“

Classic! Did they get out the full body suits and high pressure hoses? Lovely start to the week.

Casey Baseel: Does Go Pro in any way sponsor this article? I have to ask because Go Pro is an action-camera exactly like dozens of other brands. Would you have specified it by if it was a different kind of brand? Like Olympus Tough? Or a different equipment? Like written Huawei if it was taken by a phone, or Panasonic Lumix GF if it was a mirrorless camera?

And are you 100% that this was indeed taken by a Go Pro, and not another brand, like for example the far superior Sony X1000v?

a gopro is not going to contaminate an eatery AND nobody has true privacy on public streets or stores so that is a non-issue.

But it was a idiotic thing to do just to gain some clicks.

When the video was being recorded, or response was insufficient,

So, they blame themselves, but want to penalize someone else? How typical! If it was one of the people in the video threatening legal action, I could understand, but this sushi chain is just being idiots to get some media attention. - I also thought the video was interesting.