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Thread: Conversation recording / Legal action

  1. #1
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    Conversation recording / Legal action

    Good evening members of ForumSA

    Hoping someone can offer some sound info/advice. My wife and myself are part of a car club and I am a committee member. Sunday past another committee member gave racial slur toward some of the coloured members of the club. I confronted the other committee member and and words were exchanged. The members of colour approached me and informed me that they are not happy with the racial slur on the part of that committee member.

    A decision was made between all the members and myself to leave the club due to the committee members racism.

    On Tuesday whilst at work, (my wife and myself work together at the same company), the racist committee member came storming into my place of work and confronted me screaming and shouting how dare I " think I can take her on" and once again started throwing racial slur about the coloured members of the club. My wife immediately started recording everything on her cell phone. We also have cctv cameras and a board outside the company stating that the premises is under 24 hour cctv surveillance.

    After the racist committee member left I forwarded the video and audi footage to the club members to inform them of what had taken place.

    Today I received a 3 page letter from an attorney representing the racist member threatening legal action and claiming I had no legal right to record anything that happened and I did not have permission to to record the outburst and or forward it to any club members.

    Could any of the members give me info on my legal rights to have filmed via cctv and cell phone in my company. I firmly believe I have the legal right to do so and to have forwarded it to the affected members.

    Many thanks in advance

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    Silver Member PlatinumWealth.co.za's Avatar
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    I'm sure others will give a more accurate answer, but from what I understand you need to give someone explicit indication that you are going to record them.

    For example, ma'am I am taking out my phone and I will now proceed to record my conversation with you, if you do not want to be recorded, please leave my office right now.

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    Silver Member PlatinumWealth.co.za's Avatar
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    Actually no, come to think about it you are allowed to record the conversation considering you where the 2nd party. This is not eavesdropping.

    However I do not think you were allowed to send it to the other members.

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    Site Caretaker Dave A's Avatar
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    The challenge is going to be overcoming a charge of defamation for publication/distribution of the reputation harming material. However, there are circumstances when it is legally defensible.

    You probably should read Defamation, naming and shaming, bad boy lists on websites to get a grasp of how and when it is OK.

    The first challenge is sticking to the facts (as compared to expressing an opinion as fact). The good news is that with recordings, provided they're unedited this should be no problem.

    The second part is "public interest". Kinda feeling that one over for catches here, but I do sometimes wonder if racism has become a special case in South Africa when it comes to the issue.
    The trouble with opportunity is it normally comes dressed up as work.

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    Diamond Member HR Solutions's Avatar
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    I don't quite agree ...... Social media is apowerful like tool ..... Just saying
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    Diamond Member Vanash Naick's Avatar
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    Racism is public interest. I don't forsee you having a problem under these particular circumstances. I admire you for taking a stance against racism.
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    Platinum Member Mike C's Avatar
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    Here is an interesting and concise link to "Can someone record me without my permission?"

    http://blog.janljordaaninc.co.za/201...my-permission/
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