Re: Recording of Telephone Calls.

Stewart Fist (fist@ozemail.com.au)
Thu, 01 Oct 1998 09:29:09 +1000

I haven't looked at the law recently, but I had a long conversation many years
ago with a very prominent media lawyer who claimed that journalists were
probably able to record conversations because the information was intended for
public use, rather than being a private conversation.

His point was that, provided the person was aware he/she was talking on the
record to a journalist, then the privacy considerations didn't apply.

However, I've since been told by an equally prominent lawyer that this is
wrong under the (newer?) existing act. The shift seems to have been from the
protection of privacy, just to the mechanical fact of recording a conversation
without the other party being informed.

Journalist know well that, while most people will allow a face to face
conversation to be recorded, they bridle at the idea that a phone interview is
recorded. So the idea of asking them, is just not on. Yet we are expected to
get highly complex discussions and quotes right!

At one time I doubt that any reasonable technical journalist wouldn't have
owned a suction tranducer which he would plug into his recorder. And one
year, when I let it be known that I was off to America, I was inundated with
requests to buy Tandy phone taps which automatically switch on the recorder
when the phone is in use. I think I bought six.

But if you ask journos whether they use one, they'll generally deny it
vigorously.

-- 
Stewart Fist - writer and columnist
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