Q: 2 Party Consent part 2 from my original post. Just need clarification
Thank you Mr. Arrasmith for taking the time to reply to my first question. I couldn't fit the whole story but you've solved 90% of my question. I just want to add more detail of 2 party consent. I have a security camera in my living room that records 24/7. The discussion was purely business and nothing confidential was discussed. I called him out when he retracted his statement and uploaded the small clip and added to my Google review. He then tells me he didn't give his consent being recorded and this is the time where I was unfamiliar with the law. I complied with his request and removed it and left the review still. He threatens to sue me and said he screenshotted the url of the video but I have deleted it but I still have the original on my phone. What I'm asking is that even though I removed the video he requested, can he still sue me for the video even though I already took it down? Does he have a case even if rewrite the review without it. Am I protected under the antislapp law?
A:
Based on the additional information you've provided, here are a few key points to consider:
1. Two-party consent: In California, both parties must consent to the recording of a confidential communication. However, if the conversation was purely business-related and not confidential, the two-party consent rule may not apply.
2. Reasonable expectation of privacy: If the conversation took place in your living room, where you have a security camera that is visible or known to visitors, it could be argued that the other party did not have a reasonable expectation of privacy. This might work in your favor.
3. Compliance with removal request: You complied with the other party's request to remove the video, which may help demonstrate your good faith efforts to address their concerns.
4. Potential lawsuit and anti-SLAPP protection: If the other party decides to sue you for posting the video, even though you have removed it, California's anti-SLAPP (Strategic Lawsuit Against Public Participation) laws may offer some protection. These laws are designed to prevent lawsuits that aim to silence or intimidate individuals exercising their right to free speech on matters of public interest. However, the applicability of anti-SLAPP protection would depend on the specific details of your case.
5. Rewriting the review: If you choose to rewrite the review without the video, ensure that the content is truthful and based on your honest opinions and experiences. Stick to the facts and avoid making any false or defamatory statements.
It's important to note that while the other party may threaten to sue, it doesn't necessarily mean they have a strong case. However, if you are served with legal papers, it's essential to take them seriously and consider seeking legal advice from a qualified attorney who can assess your case's specific details and provide guidance on how to proceed.
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