• Taping an Interview — Do’s and Don’ts

    By Betsy Model

    Taping An Interview (or, Anyone Out There Remember Linda Tripp?!)

    One of the most common questions that journalism students – and pros alike – pose from time to time is “is it legal for me to tape this interview?” and the answer, almost always,  is…maybe.

    Recording any telephone call is subject to both federal and state statutes and, depending on the individual circumstances, can carry criminal or civil liability, fines and possible sentencing.  Laws pertaining to the legality of taping – whether by telephone or by video – differ from state-to-state and from year to year.

    While YOU are responsible for keeping up with any change of law within New Mexico as it pertains to taping – not to be confused withtapping – we turned to our friends and professional peers at The Reporters Committee for Freedom of the Press (www.rcfp.org) and requested their permission to excerpt the section regarding New Mexico from their well-developed tutorial on taping. That tutorial, in its entirety, can be found at http://www.rcfp.org/taping/index.html and it’s good stuff…

    Below, the excerpt on New Mexico:

    New Mexico

    The crime of “interfering with communication” involves knowingly and unlawfully tapping any connection that belongs to another without consent of the person owning, possessing, or controlling the property. N.M. Stat. Ann. § 30-12-1(b). The crime also includes copying transmitted messages without consent, delaying the sending of any communication, or using any device to commit any of the prohibited acts. N.M. Stat. Ann. § 30-12-1(b).

    Whoever commits the crime of “interfering with communications” is guilty of a misdemeanor, unless the interference is: (1) By court order; (2) By the operator of a communications carrier switchboard operator in the course of his or her normal duty; or (3) Under color of law in the investigation of a crime. N.M. Stat. Ann. § 30-12-1.

    Any person whose right to privacy has been violated under the statute may sue for actual damages of $100 per day of violation or $1,000, whichever is higher. A person whose rights have been violated may also recover punitive damages, reasonable attorney fees, and court costs. N.M. Stat. Ann. § 30-12-1.

    The Supreme Court of New Mexico held that the consent requirement in the statute refers to consent to the sending of the communication. Arnoldv. New Mexico, 610 P.2d 1210, 1213 (N.M. 1980). A journalist should be sure to get consent to publish a recorded conversation, based on this authority.