Legal Question in Civil Litigation in Florida

If an individual knowingly leaves a recorded message on your answering machine, can it be used in a public broadcast, such as on Youtube? I ask because i would have thought the answer to be no, but then I recall that Kim Basinger (or someone associated with her) got away with putting Alec Baldwin's angry message to his daughter on the airwaves.

We have had major problems with a bank and its 203k loan to us for a home purchase and remodel, and the bank officer who handled the matter was the one mainly responsible for our problems. At one point he left a rambling, paranoid message on our service, and not only was I going to send it to the chairman of his bank, but I was also going to use it in a piece I'm putting together for Youtube outlining our problems with the establishment.


Asked on 2/01/10, 6:57 pm

2 Answers from Attorneys
Sarah Grosse Sarah Grosse, Esquire

If you leave a recorded message, the recipient can do whatever s/he wants with it. Next time, don't leave a voice message.

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Answered on 2/07/10, 3:09 am
John DeLancett Law Offices of John DeLancett, PL.

It is admissible in court if he knew he was being recorded. That doesn't necessarily mean it is usuable for all purposes. There are laws relating to public dissemination of information and laws relating to possible harrassment, libel, etc. You may want to give it some more thought.

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Answered on 2/12/10, 12:07 pm


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