24 October 2008
	PRIVACY AND RECORDINGS Luke Watson and the law By David Williams

Can a secret recording of comments made at a private function be an infringement of the speaker's privacy? The question arises from statements at a rugby club function by controversial player Luke Watson, about the Springbok jersey and the "Dutchmen" who run the game in SA. It would seem Watson cannot expect redress from the relevant law, the Regulation of Interception of Communications & Provision of Communication-Related Information Act of 2002 (Rica). Kevin Iles, an associate at law firm Bowman Gilfillan, says Rica's starting position "is that no person may intentionally intercept or attempt to intercept... any communication in the course of its occurrence or transmission." However, section four of Rica states: "Any person, other than a law enforcement officer, may intercept any communication if he or she is a party to the communication..." "So," says Iles, "while my recording of an eavesdropped conversation in which I am not participating would appear to be unlawful, recording a conversation which I am having with you, without you knowing that I am recording, does not appear to be unlawful." Il es refers to a 1999 Johannesburg high court judgment by Judge Edwin Cameron. In S vs Kidson, a criminal case, Cameron held that the purpose of Rica's predecessor act was to protect communications from eavesdroppers, not from participants. And in the absence of an expectation of privacy, says Iles, what you say can be reported in the press.