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Is recording audio of someone to distribute it illegal? Va.

Is recording audio of...

Is recording audio of someone to distribute it illegal?

Lawyer's Assistant: What state is this in? It matters because laws vary by location.

Va

Lawyer's Assistant: What steps have been taken so far?

Nothing

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have a friend being recording me without my knowledge, and there is a big chance I'm going to be famous and he did so he can sell it to tmz

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Answered in 43 minutes by:
3/20/2018
Marsha411JD
Marsha411JD, Attorney
Category: Legal
Satisfied Customers: 20,757
Experience: Licensed Atty, 29 yrs exp in the practice of law.
Verified

Hello,

Thank you for the information and your question. Virginia is what is known as "one-party" consent state. That means that as long as the party who is recording the conversation is a party to the conversation they can lawfully record it. It follows that they can use the recording as their own, including sharing it. Also, just a note, even if the party who recorded the conversation is not a part of it, they can record it if is is in a place that is accessible to the public. In other words, the law requiring that the person who records the conversation must be a party to it only applies to private conversations where no one else could possibly hear. Public places are open game for recording by anyone.

The only exception to the "one-party" rule that would limit the sharing of this information is if the party recording it had a legal duty of confidentiality. For example, a lawyer or doctor or priest.

Here is a link to the Virginia statute: https://law.lis.virginia.gov/vacode/title19.2/chapter6/section19.2-62/

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to reply to this answer, then the Site will give me credit for assisting you today. Thank you

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Customer reply replied 1 month ago
He been recording me in my car so it's only me and him in the car driving around is that consider as public?..also he only record me when I say something not appropriate so he can give bad reputation,do you think that is extortion?

No, not public, but again if he is in the car with you and there is a conversation of some type going on, then he can record it. It wouldn't be extortion unless he asks you for money or something of value in exchange for his not sharing it with someone else.

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Customer reply replied 1 month ago
Can I call you please
Customer reply replied 1 month ago
I'm going to pay the 59

No, I do not offer telephone consultations as it violates my bar ethics rules. I am more than willing to answer your directly related questions, but not violate my bar ethics

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Customer reply replied 1 month ago
Ok I understand, if he put these recordings out it can really damage my reputation can I file an injunction to stop him?

You could try. I can't really address your personal situation since I am not your attorney, but if it looks like it is going to come to that, then you will want to hire your own attorney and they will do their best to obtain an injunction. That isn't always successful, as you probably can tell by what is released to the public these days, but worth a try.

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Customer reply replied 1 month ago
since recording in the car is not public isn't that consider as invasion of privacy, because he asks me the question and record my honest opinion without holding a long conversation

No, please read the information at the link I provided to you. It is the law and clearly not an invasion of privacy.

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Customer reply replied 1 month ago
Any advice you can give me before I end this conversation?

I believe I have covered the issue pretty thoroughly. But I will underscore that if it looks like this person will share the information, you should contact a local attorney and discuss the chances of filing for successful injunctive relief.

Marsha411JD
Marsha411JD, Attorney
Category: Legal
Satisfied Customers: 20,757
Experience: Licensed Atty, 29 yrs exp in the practice of law.
Verified
Marsha411JD and 87 other Legal Specialists are ready to help you
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Customer reply replied 1 month ago
Thank you you been very helpful ☺

You're very welcome.

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