Q: In Massachusetts it is illegal to record someone without everyone involved consent. But what about for bullying..
What if it is in a public place and it is to prove bullying (sadly I mean adults, not children). Is it still illegal? Thank you
A:
In Massachusetts, the law generally requires all-party consent for recording private conversations. However, the legality of recording in public spaces, especially for the purpose of documenting bullying, can be a bit more complex.
The key factor is the expectation of privacy. In public spaces where individuals cannot reasonably expect privacy, such as in a park or on a busy street, the all-party consent law may not apply in the same way as it would in a private setting.
If you're considering recording to document bullying in a public place, it's important to consider the context and whether the individuals involved have a reasonable expectation of privacy. Recording without consent in a situation where people expect privacy could potentially lead to legal issues.
However, documenting bullying, especially when it concerns safety or harassment, is important. In such cases, it might be advisable to seek alternative methods of documentation, such as taking notes, seeking witness statements, or consulting with legal counsel on how to proceed safely and within the bounds of the law.
Given the complexities of Massachusetts recording laws and the serious nature of bullying, consulting with a lawyer to understand your rights and the most appropriate course of action is a prudent step. They can provide guidance tailored to the specifics of your situation.
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