Gary talks about recording others without their consent in Georgia and how it can be used in Court.
Maureen: Welcome to Legal Break. I’m Maureen Akers, and with me today special guest, we have Gary Bruce. Gary, thank you so much for joining us, you’re a legal expert.
Gary: Well something like that, but thank you for having me, I’m looking forward to doing this.
Maureen: Yes, and this is a new segment we’re doing here on WTVM. Every Wednesday, you can tune in right here and find out some topics- legal topics that are in the news. And that’s what we’re going to talk about.
Gary: And I’m at your service.
Maureen: Very good. So, we’ve got one, we’ve got one, the debate oh my goodness. Have you watched the debate recently? There’s a lot of fireworks going on there.
Gary: Yeah, you know I can’t stay away from it, who can? It’s good TV, it’s better than the reality stuff, I guess it is reality. But, yeah I watched it with great interest actually.
Maureen: So, on the hot topic in the debate is these recorded- or has been going on around these recorded conversations. So, tell me what is the law regarding recorded conversations? Can someone record me without me knowing about it?
Gary: Well they certainly can when you’re “mic-ed” up like we are, or if you’re on a bus “mic-ed” up, you know. So, that’s not even an issue, you should know what’s going on around you. So, the issue then is can I record you on my iPhone, or on my recorder, or some way that you don’t know about. And I can in Georgia, I can call you and record your conversation, and I can play it later even in a court.
Maureen: All right, So then, can someone if they recorded me, can they share that publicly then, without me knowing about it, or without my consent?
Gary: Yeah, the law in Georgia is you assume that you’re going to be recorded, essentially. Now I can’t listen to you call your husband, or somebody, you know. And just do that just because I want to. That would have to be sanctioned by a court for a law enforcement agency to do that. But as far as just listening, recording what you talk to people about, you can carry recorder in just when you see your doctor. I mean it, so there’s no violation there. These are your privileges- in that situation will be your privilege to wave by your doctor patient relationship. So, if you want to publish it after that you can. I had a case once where a client’s the adverse party called my client and left a message on his machine. We used it in court. She looked like Mother Teresa at the trial, but she didn’t sound like Mother Teresa. So, it had a big impact on the case. And so yes, it can be used that way. You know especially in today, and that was before all our technology now. I would just assume you’re being recorded any time you talk.
Maureen: Right, so it could be possibly used against you and as evidence. So, be careful right?
Gary: Yeah, and evidence is it’s all about libel and slander- I guess where it really kind of comes down. We had the Gawker situation earlier this year, where they found it wasn’t appropriate. But in most cases the truth is a defense.
Maureen: There you go. So, hot legal topics in the news, Gary Bruce more information.
Gary: Yeah, every week I hope to handle something and I look forward to it Maureen.
Maureen: More information on your website too. Thank you so much for joining us, and I look forward to seeing you on the very next Legal Break.