Monday, July 28, 2014

Recording in court

Authorities, courts and police would have you believe that recording them is 'illegal', and use all sorts of threats and intimidation in order so that you do not record their 'unlawful' actions, which can be used in a 'court of law' against them.

So,

Q: Can you record in a court (in Victoria, Australia)?

A: Short answer, Yes.

Explanation:



Listening Devices Act 1969

Version No. 011
Act No. 7804/1969
Version incorporating amendments as at 1 July 1997

Section

4.  Prohibition on use of a listening device

(1)     A person shall not—

(a) use any listening device to overhear record
     monitor or listen to any private conversation
     to which he is not a party; or

(b) except in the course of any legal proceedings
     or in accordance with the provisions of sub-
     section (2) communicate or publish the
     substance or meaning of any private
     conversation overheard recorded monitored
     or listened to by the use of any listening
     device, whether he was a party thereto or
     not—

without the consent express or implied of the
parties to the private conversation.

Penalty:

(a) if the person is a corporation—500 penalty
     units;

(b) in any other case—40 penalty units or
     imprisonment for a term of 2 years or both.

(2) Notwithstanding anything in paragraph (b) of sub-
      section (1) it is not an offence for a person who
      was a party to a private conversation to
      communicate or publish the substance or meaning
      of the private conversation which he has recorded
      by means of a listening device if the
      communication or publication is no more than is
      reasonably necessary in the public interest or in
      the course of his duty or for the protection of his
                      lawful interests. 

Comment to the above mentioned content in the Act:

  • A court is a place 'in the public interest'.
  • You are protecting your 'lawful interests'.
Ref: http://www.legislation.vic.gov.au/Domino/Web_Notes/LDMS/LTObject_Store/LTObjSt2.nsf/DDE300B846EED9C7CA257616000A3571/29B405DC920E680BCA2577610022C9A8/$FILE/69-7804a011.pdf

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