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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
