Recording someone without their permission.

In this day and age, with the fast advancement of technology, it is becoming increasingly easier to record people. You might want to secretly record someone using your smart phone, but is it legal? Let’s have a look at the law.

In South Africa, it is generally illegal to record someone. However, the Regulation of Interception of Communications and Provision of Communication Related Information Act (hereafter “RICA”) provides certain instances where you can record someone. RICA provides for three instances when it is legal to record someone.

Firstly, section 4(1) of RICA provides that it is legal to record someone when you are a party to the conversation. This section states that any person, excluding a law enforcement officer may intercept any communication, unless such communication is intercepted by such a person for the purpose of committing an offence.

Secondly, section 5(1) of RICA states that any person, excluding a law enforcement officer may intercept any communication if one of the parties has given prior written consent to such interception, unless such communication is intercepted by such a person for the purpose of committing an offence.

Lastly, section 6(1) of RICA states that any person may, in the course of the carrying on of any business, intercept any indirect communication –

(a) by means of which a transaction is entered into in the course of that business;

(b) which otherwise relates to that business; or

(c) which otherwise takes place in the course of the carrying on of that business

If you are uncertain whether or not you can record someone without their consent, rather be safe than sorry and consult with an attorney. This is merely a general summary of the law and should not be regarded as legal advice.