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Tuesday, July 28, 2015

R.A. No. 4200: Anti-Wiretapping Law


Can a person privy or party to the conversation be liable to anti-wiretapping law when he records the conversation?
Yes. There is no distinction in the law whether the person who made the recording was privy to the conversation or not. The determining factor is that the recording was made without the consent and knowledge of all the parties.

Is the nature of the conversation material?
No. The substance of the conversation need not be specifically alleged in the information. What RA 4200 penalizes are the acts of secretly overhearing, intercepting or recording private communications by means of the devices enumerated in the law. The mere allegation that an individual made a secret recording of a private communication by means of a tape recorded would suffice to constitute an offense. (G.R. No. 93833)

What is private communication?
Private communication includes private conversation. In its ordinary signification, communication connotes the act of sharing or impairing, as in conversation, or signifies the process by which meanings or thoughts are shared between individuals through common system or symbols. These definitions are broad enough to include verbal or non-verbal, written or expressive communications of meanings or thoughts.

Is listening through an extension phone a violation?
No. There must be a physical interruption through wiretap or a deliberate installation of a device or arrangement for that purpose. An extension telephone is for ordinary official use.


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