Asked in Internet Law and Libel & Slander

Q: Is it legal for somebody to video tape a private telephone conversation and threaten to distribute it on social media?

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2 Lawyer Answers
Tim Akpinar
Tim Akpinar
  • Little Neck, NY

A: There isn't a state or territory mentioned here. Requirements for consent in recording phone conversations can vary by state. There's no guarantee every question is picked up, but there could be better chances if a state was included. You could repost if you wanted to include a state. Good luck

Tim Akpinar

Joshua Adam Davis agrees with this answer

A: I agree with Mr. Akpinar. You should have a confidential discussion with an attorney so that the facts can be fully explored. There are many facts that may affect the analysis: How many parties were involved in conversation? Where were the parties located? Was the recording done with consent or knowledge of any of the parties? Was a business involved? What efforts were made to keep the conversation private? Aside from possible violations of state or federal privacy laws, this sounds like a situation that could implicate state or federal criminal extortion laws.

[I am NOT suggesting that you disclose such further details on this platform. These are the kinds of details that you will discuss with your attorney.]

Tim Akpinar agrees with this answer

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