Use of Taped Conversations

Recording Interstate and Intrastate Calls
Broadcasting Telephone Calls
Face to Face Interviews

Federal and state laws and FCC regulations contain restrictions on taping of conversations in person or use of such conversations for broadcast. In addition, states have laws which may be more stringent than federal requirements in this area. Program producers should check with an attorney to determine what state and local laws and regulations provide before taping interviews.

Recording Interstate and Intrastate Calls

Federal criminal law (18 U.S.C. sections 2510 and 2511) requires that only one party to a telephone conversation needs to give prior consent to a recording unless the recording is made for criminal, tortious, or injurious purposes. Even if the recording does not violate federal criminal law, however, recording without notice may be impermissible.

FCC tariffs and regulations (47 C.F.R. section 64.501 (1996)) provide that a telephone common carrier may not record an interstate telephone conversation unless the recording party (1) notifies the other party that he/she intends to record the conversation; (2) first obtains prior consent from all parties participating in the conversation; or (3) uses a beep-tone device which is designed to give notice to parties in the conversation that the conversation is being recorded.

Finally, a number of states have enacted more stringent "all party" consent laws for recording of telephone conversations. Familiarity with the laws regarding telephone recording is essential.

Broadcasting Telephone Calls

The FCC requires (47 C.F.R. section 73.1206 (1999)) that before recording a telephone conversation for broadcast, or broadcasting such a conversation simultaneously with its occurrence, a licensee must inform any party to the call of the licensee's intention to broadcast the conversation, unless the party to the conversation is aware, or may be presumed to be aware, that it is being or will be broadcast. This standard applies whether the telephone call is interstate or intrastate.

Face to Face Interviews

Federal criminal law (18 U.S.C. sections 2510 and 2511) requires that only one party to a conversation needs to give prior consent to the recording unless the recording is made for a "criminal," tortious, or injurious purpose. However, a number of states have more stringent laws. In addition, individuals recorded without proper consent may bring damage claims for invasion of privacy. Before recording without consent, the program producer should check with his/her own attorney about applicable laws.