Secretly recording a conversation may feel like a legal minefield, but South African law does not impose a blanket ban on recording conversations without telling everyone involved.
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Dharini Rangasamy, a director of Rangasamy Attorneys Inc, posted a clip online which drew thousands of viewers hungry for answers.
In the video, Rangasamy’s central point was simple but was misunderstood; she said, “Being told ‘you can’t record me without my permission’ is not always legally accurate in South Africa.”
@mylawyerdharini Yes, you can record people without their permission 🍵 #rangasamyattorneysinc #thelegaltea #rica #privacylaw #popia ♬ original sound – Rangasamy Attorneys Inc ⚖️
What the law says
The key legislation is the Regulation of Interception of Communications and Provision of Communication-Related Information Act 70 of 2002 (RICA). It says under section 4(1), a person who is a party to a communication may generally record it without obtaining the other participant’s consent.
There is, however, an important exception: the recording may not be made for the purpose of committing an offence.
If you are speaking to someone face-to-face, on the telephone or through another form of communication and you decide to record the conversation, section 4(1) of RICA generally permits this because you are a party to the communication.
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The definition of a “party to the communication” is also important. For direct communications, RICA includes a person participating in the conversation, as well as certain people in whose immediate presence an audible communication occurs.
In simpler terms, if you are part of the conversation, the law generally allows you to record it without informing the other participant, provided you are not doing so for the purpose of committing an offence.
If you are not part of the conversation, do not assume that you can secretly record it. Different rules and authorisations may apply.
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Featured image: Pexels
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