A social media auditor from Blackburn has been ordered to pay more than £32,000 in legal costs after losing a false imprisonment case against Lancashire Constabulary.
Kevin Brown, 35, known as “Auditing Lancashire” on YouTube, recently shared his court defeat on his channel, detailing the failed legal action and providing footage of the incident. Although he deleted the video shortly after posting, it was captured and reposted by another YouTube channel, “Street Video Reviewer,” which provided commentary on the case.
The Incident
The incident dates back to September 29, 2022, when Brown was filming outside the rear of Greenbank Police Station, Blackburn, at around 3:30 am. At the time, the UK terrorism threat level was “substantial,” indicating that an attack was likely.
Dressed in camouflage clothing and wearing a face covering, Brown was spotted by Sergeant Kerr, who noticed him filming private vehicles through the gate of the police station. Considering the circumstances suspicious, Sergeant Kerr approached and questioned Brown.
When asked why he was taking pictures of private vehicles, Brown attempted to feign a foreign accent, claiming he did not understand English. Sergeant Kerr remained unconvinced, noting that Brown was clearly speaking English. After further questioning, Brown continued filming in silence, prompting Sergeant Kerr to approach him directly.
Eventually, a second officer, Chief Inspector Black, arrived at the scene and instructed Sergeant Kerr to release Brown. Brown subsequently filed a lawsuit against Lancashire Constabulary, claiming false imprisonment and trespass to his person.
Court Ruling
The case was heard at Preston County Court, where HHJ Jacqueline Beech dismissed Brown’s claims. The judge described Brown’s actions as “utterly unacceptable” and concluded that his behaviour was deliberately provocative, aiming to elicit a reaction from the police for social media content.
HHJ Beech ruled that Sergeant Kerr’s use of force was both necessary and reasonable, given the circumstances and the suspicious behaviour displayed by Brown. As a result, Brown was ordered to pay £30,575 in costs to Lancashire Constabulary, with his legal representatives, HNK Solicitors, also seeking an additional £1,175.
The Rise of Social Media Auditors
Social media auditing has become a controversial phenomenon, with individuals filming public and private places to provoke reactions from law enforcement or security personnel. While auditors claim they are exercising their rights to film in public, critics argue that the primary aim is to create viral content rather than uphold civil liberties.
In this case, the court found that Brown’s actions were intended to provoke a response from the police and that his subsequent claim for damages was without merit. The decision has been seen as a significant step in challenging the growing trend of vexatious legal claims brought by auditors against police officers.
Reactions and Aftermath
Brown’s court loss has sparked mixed reactions on social media, with some users expressing sympathy while others criticized his actions. Legal experts have welcomed the ruling as a precedent against frivolous lawsuits targeting police officers.
Brown has not yet publicly responded to the court’s decision, but his legal troubles may not end here, as it is unclear whether he has sufficient assets to pay the awarded costs.
Lancashire Constabulary has not released a formal statement regarding the outcome, but the ruling is being hailed as a victory against those who misuse their right to film in public for financial gain.