Home
    Digital Journalist's Legal Guide
    Tablet and mobile phone showing news online

    Everything online journalists need to protect their legal rights. This free resource culls from all Reporters Committee resources and includes exclusive content on digital media law issues.

    Privacy

    This section covers the right of privacy under state law. Most state laws attempt to strike a balance between the individual’s right to privacy and the public interest in freedom of the press. The two primary types of invasion of privacy actions are intrusion upon seclusion and publication of private facts. You can also be liable for portraying someone in a false light, misappropriating their image or likeness, violating their right of publicity, or even for fraud or trespass over gathering the news. This section also covers recording of phone calls and conversations, and videotaping in public places.

    Vermont

    Date: 
    August 1, 2012

    There are no specific statutes in Vermont addressing the interception of audio communications, but the state Supreme Court has held that surreptitious electronic monitoring of communications in a person’s home is an unlawful invasion of privacy. Vermont v. Geraw, 795 A.2d 1219 (Vt. 2002).

    Utah

    Date: 
    August 1, 2012

    Summary of statute(s): An individual who is a party to either an in-person conversation or electronic communication, or who has the consent of one of the parties to the communication, can lawfully record it, unless the person is doing so for the purpose of committing a criminal or tortious act. A person also can lawfully record electronic communications that are readily accessible to the general public. Utah Code Ann. § 77-23a-4 (West 2012).

    Texas

    Date: 
    August 1, 2012

    Summary of statute(s): An individual who is a party to either an in-person conversation or electronic communication, or who has the consent of one of the parties to the communication, can lawfully record it, unless the person is doing so for the purpose of committing a criminal or tortious act. A person also can lawfully record electronic communications that are readily accessible to the general public. Tex. Penal Code Ann. § 16.02 (Vernon 2011).

    Tennessee

    Date: 
    August 1, 2012

    Summary of statute(s): An individual who is a party to either an in-person conversation or electronic communication, or who has the consent of one of the parties to the communication, can lawfully record it, unless the person is doing so for the purpose of committing a criminal or tortious act. A person also can lawfully record electronic communications that are readily accessible to the general public. Tenn. Code Ann. § 39-13-601 (West 2012).

    South Dakota

    Date: 
    August 1, 2012

    Summary of statute(s): An individual who is a party to either an in-person conversation or electronic communication, or who has the consent of one of the parties to the communication, can lawfully record it. S.D. Codified Laws § 23A-35A-20 (2012).

    South Carolina

    Date: 
    August 1, 2012

    Summary of statute(s): An individual who is a party to either an in-person conversation or electronic communication, or who has the consent of one of the parties to the communication, can lawfully record it. S.C. Code Ann. § 17-30-30 (2011).

    Rhode Island

    Date: 
    August 1, 2012

    Summary of statute(s): An individual who is a party to either an in-person conversation or electronic communication, or who has the consent of one of the parties to the communication, can lawfully record it, unless the person is doing so for the purpose of committing a criminal or tortious act. A person also can lawfully disclose the contents of face-to-face conversations or electronic communications that have become common knowledge or public information. R.I. Gen. Laws § 11-35-21 (2012).

    Pennsylvania

    Date: 
    August 1, 2012

    Summary of statute(s): It is unlawful to record either an in-person conversation or electronic communication without the consent of all parties. 18 Pa. Cons. Stat. Ann. § 5704 (West 2012).

    Oregon

    Date: 
    August 1, 2012

    Summary of statute(s): An individual who is a party to an electronic communication, or who has the consent of one of the parties to the communication, can lawfully record it or disclose its contents. But a lawful recording of an in-person conversation requires that all parties be informed, except under certain circumstances. A person also can lawfully record electronic communications that are readily accessible to the general public. Or. Rev. Stat. Ann. § 165.540 (West 2012).

    Oklahoma

    Date: 
    August 1, 2012

    Summary of statute(s): An individual who is a party to either an in-person conversation or electronic communication, or who has the consent of one of the parties to the communication, can lawfully record it or disclose its contents, unless the person is doing so for the purpose of committing a criminal or tortious act. Okla. Stat. Ann. tit. 13, § 176.4 (West 2012).