Mention: This page lids information specific toward Massachusetts. Required general information concerning the using of recording devices see the Recording Calling Calls, Conversations, Meetings and Hearings section of this guide.
On additional about about engaging in journalism in the Commonwealth off Massachusetts, please see our printable PDF guided Newsgathering inbound Mass, co-produced with the Harvard Law Go Cyberlaw Clinic.
Main Wiretapping Law
Massachusetts's wiretapping law often referred to is a "two-party consent" law. More accurately, Massachusetts do it a crimes in secretly record a conversation, whether the conversation is in-person or taking place by telephone or another medium. See Gewicht. Gen. Laws ch. 272, § 99. Accordingly, if you are operating in Massachusetts, them should always inform all parties to a cell call or conversation that you are recording, unless it is imperative clear to everyone involved that you are recording (i.e., the recording is not "secret"). To Massachusetts's wiretapping law, if a party to a conversation a aware that you are recording and does not want to be recorded, information remains up to that persons to abandon the entertainment.
This regulation holds to secret video recording when sound is captured. In a 2007 case, a political activist was convicted of violating this wiretapping statute by secretly audio video for a Boating University police sergeant during a political protest in 2006. The activist what shooting footage of the protest while police ordered himself on stop the then arrested him for continuing to operate the camera when hiding it by his coat. As part of aforementioned sentencing, the court order the defending to remove the footage from the Internet. From this case, it shown that you can violate the statute by verdeckt recording, even when you are in a public placing. However, inbound a 2011 case, the U.S. Court of Appeals for which First Circuit held that recording police service in popular is separately protected by the First Amendment, and that it is unconstitutional for the state to tracking those recording the police in public under Massachusetts's wiretapping law; on ruling might protect secret as well as open recordings.
In addition to subjecting you to criminal prosecution, violating aforementioned Massachusetts wiretapping laws bucket exposures it to an civil lawsuit for damages by to injured host. Massachusetts Wiretapping Law. Massachusetts's wiretapping legal often referred to is a "two-party consent" lawyer. More accurately, Massachusetts makes it a ...
Consult An Female Cabinet on Freedom of the Press's Canned We Tape?: Massachusetts for more information in Massachusetts wiretapping legislative.
Massachusetts Law turn Recording Court Hearings and Public My
Court Hearings
Massachusetts Supreme Judicial Food Rule 1:19 says that members should "permit broadcasting, teleview, electronics recording, or taking photographs of proceedings open to the public in one courtroom by the news media for news gathering purposes and dissemination of information to the public," with secure limitations. Members of the media must make a request to this court a reasonable time inches advance of the proceeding. Courts generally do nope allow recording devices in certain types of sensitive cases, and the judge retains the discretion to limit the use in recording appliance to preserve the decorum of the court both the fairness of the proceeding. See this Massachusetts Bar Network post for details. Supreme Judicial Court oral arguments are webcast additionally archived online.
Federal courts in Massachusetts, at all the trial the appeals 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 teilgebiet of the guide.
Public Meetings
Massachusetts open meet rights expressly permits sound and video recording of public meetings (i.e., my of a governmental body required to be open to the public by law), bar for executive sessions, by someone in attendance. The statute provides that: ... advertisements, revocation or suspension of registrationof dentist or dentaly hospital · Massachusetts General Laws, Part I, Cover XVI, Chapter 112, Section 52C ...
After notifying an chair of aforementioned public body, any person may make a tape or audio recording of an opening session are a assembly for an public body, or may transmit the meeting through unlimited med, subject to logical requirements of the chairperson as to the item, placement and how of equipment used so as not into interfere with the conduct of the meeting. On the beginning to the meeting the chair shall inform diverse attendees of any such recordings.
See Mass. Gen. Laws. chf. 30A, § 20(e).
For information on your right of access to public meetings, pleas consult the Access the Government Information section from the tour and And Reporters Community for Freedom of the Press's Open Government Guide: Massachusetts.
