Onlookers

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This article or paragraph presents the situation in Germany . Help us to describe the situation in other countries.

Onlookers often come to traffic accidents (here an early example from 1918)
Especially when fighting fires , health hazards such as poisonous gases must be excluded from a safe distance
Čumil, the gawker from Bratislava

Onlookers are spectators who are watching a spectacular event. In the event of accidents such as accidents , natural disasters or acts of violence , they are also pejoratively referred to as gawkers , especially when they hinder rescue work or traffic. The term voyeurism , which connects behavior with sexual urges, is also used disparagingly . There are also onlookers at planned events such as building explosions , heavy transports or at airports and seaports . The term is not negative here, or viewers are used instead .

The phenomenon of onlookers traveling to the scene of the event is known as disaster tourism .

background

Psychologists see a mixture of curiosity and interest in information in the curiosity . The background may also be the need to "ensure your own integrity by witnessing the suffering of others". Similar already Lucretius (94 BC to 53 BC):

"It's wonderful in a surging sea, when the storm
churns up the waters , to see calmly from the land, how another is struggling,
not as if we are happy when someone endures suffering,
but out of the joy that one is free from suffering. "

Sociological studies speak of “natural” curiosity, which affects around 90% of all people. The function of curiosity is also described by sociologists as “learning to deal with the unbearable”. Psychologists recognize physical characteristics of fear or stress in the gawker's facial expressions .

Problems

Onlookers are often accused of refusing to provide assistance. A passivity of onlookers can be supported by the diffusion of responsibility of the so-called spectator effect. Studies show that the willingness of onlookers to help increases the more clearly they recognize an emergency. It is also complained that bystanders hinder rescue work (e.g. by blocking access routes, see rescue alley ) and endanger themselves, or that they have a generally demotivating influence on the emergency services. Others see less the problem of the handicap of the emergency services than the fact that onlookers are made film and photo recordings in order to then post them on the Internet or sell them. At crime scenes, the problem can arise that onlookers cover up tracks. The phenomenon of curiosity is often the cause of traffic jams on motorways after an accident or secondary accidents on the opposite lane.

According to the German police, cheering on by shouting onlookers in the event of suicide is not a criminal offense.

Role of the media

One reason for the increasing number of onlookers is seen in the media coverage of spectacular events. Through the campaign of the Bild newspaper , with which readers are called upon to send in photos for a fee for publication, but also with the increasingly important news function of social media , the possibility of distinguishing between onlookers and journalists / reporters is becoming blurred. The media serve the curiosity of their readers or viewers and are themselves involved in the problems caused by onlookers. Media reports in which onlookers are devalued as “gawkers” are therefore also viewed critically.

Scientific investigations

A study by the Federal Highway Research Institute from 1989 showed that an average of between 16 and 26 onlookers were present at the time of a traffic accident.

Others

Austrian criminologists recommend photographing or identifying onlookers in order to solve crimes, as perpetrators (e.g. arsonists) regularly mingle with onlookers. In May 2018, the Ministry of the Interior sent a bill for assessment according to which accident voyeurs can be fined up to 500 euros.

Legal framework in Germany

Onlookers are often a source of disruption for rescue and emergency services. In particularly severe cases, there is also the option of issuing refusals. For example, Section 24 of the Bavarian Fire Brigade Act provides:

Insofar as the police are not available, management ranks of the fire brigade or team ranks commissioned by them in individual cases can forbid entry to the damage site and its surroundings or expel people from there and block the damage site and the fire brigade's operational area if the operation would otherwise be impeded. Direct coercion through physical force and its aids may be used in accordance with Art. 58, 61 Paragraphs 1, 2 and 3, Art. 64 Paragraph 1 Sentences 1 and 2 and Paragraph 3 Sentences 1 and 3 of the Police Tasks Act.

In NRW, according to Section 34 (2) of the Law on Fire Protection, Assistance and Disaster Protection (BHKG), the operations manager may refer people to (or instruct his colleagues to do so):

[…] As far as this is necessary to avert dangers according to § 1 Paragraph 1, the operational management can in particular prohibit entry to the operational area or individual operational areas, direct people from there, block the operational area or individual operational areas and have them cleared.

Should the command line not be able to do this, they can acc. Commission other emergency services in accordance with Section 34 (5) BHKG NRW.

This article or section needs to be revised: There is no description of the legal situation based on Section 201a of the Criminal Code and of the OWi facts; § 323 c StGB referred to in the article is comparatively insignificant; possibly the section should be completely rewritten.
Please help to improve it , and then remove this flag.

In May 2017, after the Bundestag, the Bundesrat also passed a draft law that made gawking by onlookers a criminal offense if they hinder emergency services or create an additional risk of accidents. "Obstructing" and "additional risk of accident" can be interpreted very broadly - e.g. For example, reducing the speed on the opposite lane of the motorway can cause a traffic jam, which prevents further emergency services from reaching the scene of the accident and could lead to additional rear-end collisions. There is a risk of imprisonment for up to one year or a fine. The law can be found in Section 323c (2) StGB. Publishing (Youtube, Facebook etc.) of video or image recordings can violate the personal rights of the people filmed; However, emergency services may be filmed.

People in need of protection - for example injured persons - are not allowed to take film or photo recordings even for their own memory, as they are considered to be particularly protected. Filming / photographing areas without injuries or after they have been removed remains permissible - provided that the emergency services are not hindered or anyone is (or could be) at risk. Admissible recordings can be published if the recognizable non-operational persons have either consented or are pixelated (or are only marginal), as well as any other personal data (e.g. license plates).

The responsible minister, Christine Lambrecht, wants to see the filming of dead people after traffic accidents punished in the course of the planned changes to individual offenses in the criminal code .

literature

  • Ulrich von Hintzenstern (ed.): Emergency doctor guide . 5th edition. Elsevier, Urban & Fischer, Munich 2007, ISBN 978-3-437-22462-1 , pp. 93, 807.
  • Dieter Kugelmann : Police and regulatory law . Springer, Berlin 2006 (= Springer textbook), ISBN 3-540-29897-5 , p. 22.
  • Arnd T. May, Reinhold Mann: Social competence in an emergency. Practical instructions not only for the rescue service - a teaching concept . 2., revised. and exp. Edition. Lit Verlag, Münster 2005, ISBN 3-8258-6034-5 , p. 108ff.
  • Manfred Tücke: Basics of psychology for (future) teachers . Lit Verlag, Münster 2003 (= Osnabrück Writings on Psychology; Volume 8), ISBN 3-8258-7190-8 , p. 413 ff.
  • Jürgen Bengel (ed.): Psychology in emergency medicine and rescue services . Springer-Verlag, 2013, ISBN 978-3-540-61909-3 , Chapter 15: Dealing with viewers
  • Uwe Scheffler : On the criminal liability of "gawkers" . In: Neue Juristische Wochenschrift , 1995 issue 4, p. 232 ff. Rewi.europa-uni.de (PDF; 35 kB)

Web links

Commons : Onlookers  - Collection of images, videos and audio files
Wiktionary: Onlookers  - explanations of meanings, word origins, synonyms, translations
Wiktionary: Gaffer  - explanations of meanings, word origins, synonyms, translations

Individual evidence

  1. ↑ Lexicon of Psychology . Spektrum.de; accessed on June 16, 2016
  2. ↑ Lucretius, De rerum natura / From the nature of things . 2nd book verses 1-4. Translated by H. Diels in Christoph König: The life journey on the sea of ​​the world: the topos . Texts and interpretation. Königshausen & Neumann 2000, ISBN 978-3-8260-1901-2 , p. 27
  3. ↑ a b Pleasure in bulling . In: Der Spiegel . No. 13 , 1998 ( online ).
  4. ↑ Alexander Grau: horror, sensation and curiosity . (PDF) p. 16; accessed on July 13, 2016
  5. ↑ Michael Argyle : Body Language & Communication: Nonverbal Expression and Social Interaction . 2013, p. 55 ff.
  6. ↑ Necessity makes gawkers a savior . December 7, 2005, accessed September 8, 2019 . - Report on a study by Peter Fischer , LMU Munich , in Bild der Wissenschaft from December 7, 2005
  7. ↑ a b Looking at the suffering of others . Gelnhäuser Tageblatt, interview with the spokesman for the police headquarters in Southeast Hesse; Retrieved June 29, 2016
  8. ↑ Dealing with onlookers during operations . ( Memento from June 19, 2016 in the Internet Archive ) (PDF) accessed on June 19, 2016
  9. ↑ Criminalistics / Forensic Technology: Criminological crime scene work . (PDF) p. 4; Retrieved June 20, 2016
  10. ↑ Shame on you - police are increasingly taking action against gawkers. Retrieved on August 6, 2019 (German).
  11. ↑ Onlookers cheer on those at risk of suicide . Spiegel Online , July 1, 2017; Retrieved July 2, 2017
  12. ↑ YOU too will be a reader reporter! Bild.de , accessed on July 2, 2016 (recruiting reader reporters ).
  13. ↑ "Gawkers" are the better people - considerations on the terminology of "gawking" vs. Curiosity and its use in the media; accessed on June 15, 2016
  14. ↑ Alexander Grau: horror, sensation and curiosity . (PDF) p. 14; accessed on July 13, 2016
  15. ↑ Series arson foundations . (PDF) In: Journal for Police Science and Police Practice , p. 86; Retrieved June 20, 2016
  16. ↑ "accident voyeurs" law provides for punishment in front of up to 500 euros . ORF, May 10, 2018; accessed on May 10, 2018
  17. ↑ Bavarian Fire Brigade Act (BayFwG) - legal text; accessed on August 28, 2018
  18. ↑ § 34 BHKG NRW, powers of the operations management - legal text; accessed on January 3, 2019
  19. ↑ Merkur.de: Gawking is becoming a crime
  20. ↑ Wochenblatt.de : Gawkers are now facing severe penalties
  21. ↑ Failure to provide assistance or disability
  22. ↑ Emergency services are "state forces on duty" and are therefore considered to be "people of contemporary history" who may be reported on (also in the picture): Photographing in the fire service - what everyone should know . feuerwehrmagazin.de
  23. ↑ Christian Rath, "Not only Sunday speeches " LTO of October 10, 2019