General Question

pleiades's avatar

Are the recordings released and recorded by TMZ legal?

Asked by pleiades (6538 points ) April 26th, 2014

In regards to the Sterling racist remarks, I’m asking from a technical aspect, isn’t it illegal to record someone for information detrimental to ones reputation?

Or is it only illegal to record information out like this as it pertains to individuals involved in a court matter.

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4 Answers

zenvelo's avatar

If made in California, it must have both parties consent to record if made in a place where there is a reasonable expectation of privacy.

So, if made in his home, and unless he agreed somehow before the recording started, it’s not legal and there could be criminal prosecution.

If made somewhere public, like in a restaurant, then the expectation of privacy goes away.

I haven’t seen where it was recorded.

Lightlyseared's avatar

It sounds like a recording of a phone call. According to Wikipedia (which obviously could be wrong) 20 states require all parties to consent before recording while the others only require one party to consent. So it would depend on who recorded it and where.

1TubeGuru's avatar

I don’t know where the recording took place. here in Maryland you must have a persons permission to record a private phone conversation or a signed warrant from a Judge.

BeenThereSaidThat's avatar

TMZ does a lot of things that walk the line between legal and illegal. They like to stir the pot.

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