Recording Without Permission

Jacksonville has had an increased amount of people counter-protesting and sticking cameras in people’s faces to promote their own agenda or “document” the reaction it gets when people get upset at the interference of their free expression.

We have a few tips in case that happens to you.

Wiretapping?

Although not meant for this situation, it is nevertheless illegal under Florida and some federal law to record someone’s communication without their consent. Under Florida law, in most circumstances all parties to a telephone call must consent to the recording of the call in order to make it legal to record the call. This type of restrictive law is sometimes referred to as a “two-party consent” law but in in reality, Florida has an “all-party consent” law in place. No one can be left out.

If someone is seeking to record your private conversations, and all parties don’t consent, it is potentially wiretapping. The law states:

934.03 Interception and disclosure of wire, oral, or electronic communications prohibited.—

(1) Except as otherwise specifically provided in this chapter, any person who:

(a) Intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept any wire, oral, or electronic communication;

(b) Intentionally uses, endeavors to use, or procures any other person to use or endeavor to use any electronic, mechanical, or other device to intercept any oral communication when:

1. Such device is affixed to, or otherwise transmits a signal through, a wire, cable, or other like connection used in wire communication; or

2. Such device transmits communications by radio or interferes with the transmission of such communication;

(c) Intentionally discloses, or endeavors to disclose, to any other person the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subsection;

(d) Intentionally uses, or endeavors to use, the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subsection; or

(e) Intentionally discloses, or endeavors to disclose, to any other person the contents of any wire, oral, or electronic communication intercepted by means authorized by subparagraph (2)(a)2., paragraph (2)(b), paragraph (2)(c), s. 934.07, or s. 934.09 when that person knows or has reason to know that the information was obtained through the interception of such a communication in connection with a criminal investigation, has obtained or received the information in connection with a criminal investigation, and intends to improperly obstruct, impede, or interfere with a duly authorized criminal investigation; shall be punished as provided in subsection (4).

This presents an interesting scenario. Let’s say an individual named Gary seeks to record you. Your conversations to him, in a public forum, certainly may be recordable to some extent. However, if you were to make a telephone call and explain you’d like to keep it private and he endeavors to record it, it is illegal under this statute.

The same logic would apply to a group phone call. If you were at a meeting and wanted to make a group call, there are limitations about who could record that as well. Be clever. Use the laws in your favor. Press charges for those desirous of impeding lawful activity.

Misuse of Likeness:

Section 540.08, Florida Statues, governs the unauthorized publication of one’s name or likeness. It states:

No person shall publish, print, display or otherwise publicly use for purposes of trade or for any commercial or advertising purpose the name, portrait, photograph, or other likeness of any natural person without the express written or oral consent to such use given by… Such person; or… Any other person, firm or corporation authorized in writing by such person to license the commercial use of her or his name or likeness…

In most of the videos we have seen, Snow edits them and tags a facebook page- Trump or Code Blue, etc.

In the event the consent required above is not obtained, one “may bring an action to enjoin such unauthorized publication, printing, display or other public use, and to recover damages for any loss or injury sustained by reason thereof, including an amount which would have been a reasonable royalty, and punitive or exemplary damages.”

We suggest pre-negotiating a royalty with the camera person. In other words, when someone is filming you without their consent, inform them that they do not have consent and that you seek a $500 royalty before your likeness can be published in conjunction with any blog, vlog, video or social media site.

Use the laws in your favor. It may not be a perfect solution, but it gives you argument.

We invite you to review all of our blogs which govern the right of people to assemble, protest and freely express themselves:

• The Ten Commandments of Lawful Protesting
• Trespassing in Jacksonville, Florida: What are the Rules?
• Someone Recording You Without Your Permission?: Things You Can Do

We invite you to review our verdicts, our accolades and awards and what clients have to say about us and give us a call for a free consultation where our lawyers will consult with you personally. John represents clients in Florida, Georgia and Alabama and before the U.S. Supreme Court with passion and compassion. Our firm handles a wide variety of injury and death cases, criminal defense, family law and a host of high profile matters. We can be emailed at help@floridajustice.com or call us at (904) 444-4444 in Florida or (912) 444-4444 in Georgia.