Recording conversations without permission is illegal
From the PNA Legal Hotline
By Teri Henning, General Counsel
and Melissa Melewsky, Media Law Counsel
Pennsylvania Newspaper Association
Q: Can I record an interview without asking the subject of the interview for permission?
A: No. Pennsylvania is a two-party consent state and recording a conversation without permission is a crime.
If you wish to record a conversation, you must request and receive permission before recording begins AND request permission again once the recording has begun so that there is record of consent.
Among other prohibitions, the Pennsylvania Wiretapping and Electronic Surveillance Control Act, 18 Pa.C.S. § 5701, et seq., prohibits the interception of oral communications using any electronic means unless permission of both parties to the conversation is obtained. A violation of the act is classified as a felony of the third degree and is punishable by up to seven years incarceration and/or a fine of up to $15,000. The Act also permits aggrieved parties to recover civil penalties of up to $100 a day. The statute of limitations on this crime is two years although that time can be extended in limited circumstances.
Pennsylvania Newspaper Association attorneys provide member newspapers with advice on government access issues.
