If I posted a video on-line and I didn’t know that it was illegally recorded, can I be charged?
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If I posted a video on-line and I didn’t know that it was illegally recorded, can I be charged?
A co-worker recently recorded a conversation between another individual and herself on my phone. The recording was made in error as she claims she thought she took a picture. The gentleman she recorded was from a company saying they were in the wrong and they are correcting the issue. Which is what she intended to take pictures of. The other individual claims she illegally recorded him despite this occurring in public and his initiating the conversation while she was “taking pictures” and that he how he ended up on the camera. I posted this video to Youtube not knowing it was illegal.
Asked on November 23, 2010 under Criminal Law, Maryland
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
"Illegality" is in the eyes of the beholder. In other words, what one person believes to be illegal and what is actually illegal may be too different things. The issue that is rooted in this type on controversy is whether or not there has been a breach of privacy of the individual that was recorded. There are laws known as "one party" and "two party" rules that deal with consent to telephone recordings and the rules vary by state. But the Internet and video t=recording have opened up a whole new world and the law in the area is still evolving. What remains the same is if the person record had an "expectation" of privacy. In other words, you indicate here that they were in a public place. There is no expectation of privacy in a public place. As for posting it on line, well, that may have not been prudent but it may not be illegal. Wait and see what the fall out is here. If there seems to be hoopla around it go and see an attorney for help. Good luck.
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