Note: This page covers information specific to Pennsylvania. For general information concerning the use of recording devices see the Recording Phone Calls, Conversations, Meetings and Hearings section of this guide.
Pennsylvania Wiretapping Law
Pennsylvania's wiretapping law is a "two-party consent" law. Pennsylvania makes it a crime to intercept or record a telephone call or conversation unless all parties to the conversation consent. See 18 Pa. Cons. Stat. § 5703 (link is to the entire code, choose Title 18, Part II, Article F, Chapter 57, Subchapter B, and then the specific provision).
The law does not cover oral communications when the speakers donot have an "expectation that such communication is not subject tointerception under circ*mstances justifying such expectation." See 18 Pa. Cons. Stat. § 5702(link is to the entire code, choose Title 18, Part II, Article F,Chapter 57, Subchapter A, and then the specific provision). Therefore,you may be able to record in-person conversations occurring in a publicplace without consent. However, you should always get the consent ofall parties before recording any conversation that common sense tellsyou is private.
In addition to subjecting you to criminal prosecution,violating the Pennsylvania wiretapping law can expose you to a civillawsuit for damages by an injured party.
Consult the Reporters Committee for Freedom of the Press's Can We Tape?: Pennsylvania for more information on Pennsylvania wiretapping law.
Pennsylvania Law on Recording Court Hearings and Public Meetings
Court Hearings
Pennsylvania state courts generally prohibit the use ofrecording devices in the courtroom, both at the trial and appellatecourt level. However, individual judges may authorize recordings ofnon-jury civil trials, if both parties to the lawsuit consent. In thatcase, individual witnesses may object to recording and be excluded fromcoverage. Local courts may also establish additional rules.
Federal courts in Pennsylvania, at both the trial and appellate level, prohibit recording devices and cameras in the courtroom.
For information on your right of access to court proceedings, please consult the Access to Government Information section of this guide.
Public Meetings
Recording devices are allowed in public meetings (i.e., meetingsof a governmental body required to be open to the public by law) inPennsylvania. Governmental bodies may adopt their own rules to maintainorder at their meetings, but those rules may not include flatprohibitions on recording.
For information on your right of access to public meetings, please consult the Access to Government Information section of the guide and the Reporters Committee for Freedom of the Press's Open Government Guide: Pennsylvania.
I bring to you a comprehensive understanding of Pennsylvania's wiretapping laws and regulations, particularly in the context of recording phone calls, conversations, court hearings, and public meetings. My expertise stems from a meticulous study of the legal framework and a keen interest in privacy and media law.
Pennsylvania operates under a "two-party consent" law, as outlined in 18 Pa. Cons. Stat. § 5703. This means that it is illegal to intercept or record a telephone call or conversation without the consent of all parties involved. However, the law does offer some exceptions. Oral communications without an "expectation that such communication is not subject to interception under circ*mstances justifying such expectation" are not covered by the law, according to 18 Pa. Cons. Stat. § 5702. This implies that in-person conversations in public places, where there is no reasonable expectation of privacy, may be recorded without consent.
It's crucial to note that common sense should prevail, and individuals are advised to obtain consent before recording any conversation that is reasonably considered private. Violating Pennsylvania's wiretapping law not only carries the risk of criminal prosecution but can also expose the offender to civil lawsuits for damages by an aggrieved party.
For more detailed information on Pennsylvania wiretapping law, one can refer to the Reporters Committee for Freedom of the Press's Can We Tape?: Pennsylvania.
Moving on to court hearings, Pennsylvania state courts generally prohibit the use of recording devices in the courtroom, encompassing both trial and appellate court levels. However, there may be exceptions; individual judges could authorize recordings of non-jury civil trials if all parties consent. It's essential to be aware that individual witnesses may object to recording and, if so, may be excluded from coverage. Local courts can also establish additional rules.
Federal courts in Pennsylvania, both at the trial and appellate levels, uniformly prohibit recording devices and cameras in the courtroom. Anyone seeking information on their right of access to court proceedings should consult the relevant section on Access to Government Information.
In the realm of public meetings, recording devices are permitted in Pennsylvania for meetings of governmental bodies that are required to be open to the public by law. While governmental bodies may establish their own rules to maintain order during meetings, these rules cannot outright prohibit recording. Those interested in understanding their right of access to public meetings can refer to the Access to Government Information section of the guide and the Reporters Committee for Freedom of the Press's Open Government Guide: Pennsylvania for additional insights.
