Brooklyn, NY asked in Consumer Law and Internet Law for California

Q: Is it legal to record a video in a restaurant against owners will with intention of defamation

Customer came to restaurant filming on camera demanding that chef say on camera that the food was uncooked, then posted on google a review and telling people that she has the video recorded.

The entire thing seems prestaged to intentionally damage a business

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Consumer Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Recording a video in a restaurant without the owner's consent, with the intention of defamation, could potentially violate California's privacy laws and defamation laws. California is a two-party consent state, meaning all parties involved in a conversation must consent to its recording. Additionally, making false statements with the intention of damaging a business's reputation may constitute defamation. If you believe a situation like this has occurred, it's advisable to consult legal counsel to assess the specifics of the case and explore potential remedies.

James L. Arrasmith

Founding Attorney and Chief Lawyer of The Law Offices of James L. Arrasmith

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