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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49061
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I was upset with someone call A because of what a friend

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I was upset with someone call 'A' because of what a friend of mine called 'J' said about the person 'A'. I was very close to 'A' and 'J' knew it. I was bitter and upset and wanted to get back at 'A'. I said some things, most of it were said out of anger and weren't true. I also said some private and person things in anger to 'A'.
After I went home and calmed down, I decided to speak to 'A' and i realised that my friend 'J' wasn't entirely been truthful in what she said.
I confronted her and told her I didn't want anything to do with her. Unknown to me, she recorded all I was saying when I was upset and now, she's using it against me. She has played it for my husband, my mother inlaw, my pastors and many more people..lie i said some things were very private and some things were said against 'A' that weren't true.
Is there any law stopping her from doing this and seizing the recording? because she has said she's taking it public, to church, posting it online etc.
How can I stop her, does she have the right to record me secretly and use it against me?
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. What comments did you actually make?

Customer:

well she wanted me to say that this man had slept with me, and i agreed. so she wanted me to make it believable if we were going to make it believable to others. So i started crying, crying genuinely cause i was hurt and disappointed at this man. So, i was crying and saying things that had really happened to me, but made it sound like he did them to me.

But when i got home, i couldn't go through with it and i told this friend of mine that i couldn't. she was furious, but she said she would ruin me.

Customer:

I didnt know she had recorded what i was saying when she said i should make it believable. so it's that recording she's playong for everyone. and this man is of high standing in the Christian circle..

Customer:

oh sorry, i forgot my manners, thanks for responding ben.

Customer:

so now i want to know if anything can be done, if she can be stopped from spreading the recording is it deformation of character

Ben Jones :

Hi, thanks for getting back to me. It is not actually illegal to make secret recordings of private conversations and to play them to others. However issues may arise if the recording is played without the consent of all parties involved in it and the party who was recorded but had not consented to the distribution of the recording could potentially consider making an application to the courts for an injunction preventing the future use of the recording. The problems with this are twofold:



  • If the recording has already been played then that would be impossible to undo. You cannot force people to forget what they have heard and not to use it against you if that is what they were going to do. So the damage may have already been done and there is not much that can be done about that – injunctions are really there to prevent something from being done in the first place so if the act has already happened, then an injunction would not be very helpful at this stage, although it may still prevent the future distribution of the recording

  • Injunctions are not very easy to obtain and you will have to make a formal application to the court and argue your case. If the claim is contested then the costs will increase significantly and you could be facing a legal battle trying to argue your case. So there is no guarantee that you will be successful and in any event you will need to meet the legal costs associated with that.


Finally none of this is defamation of character. This would only happen if someone was spreading untrue rumours about you but if all they have is a recording of you making a statement then they are not defaming you – this is what you actually said and it is something that actually happened, rather than something they are simply making up.

Ben Jones :

Hope this clarifies your position? If you could please let me know that would be great, thank you

Customer:

thank you very much, this helps.

The reason i am upset is that although I said those things, they were,'t true. I was manipulated into saying them. I was really upset and angry and was prepared to say anything despite the fact that what i was prepared to say wasn't true.

but you are saying inspite of that fact, I can't do anything about it?

Ben Jones :

what has been said has been said - this is a fact. You made the statements and as far as the law is concerned this is something that happened and it is a factual representation. If you disagreed with what you said you can then take separate steps to clarify the issues with those who have heard your statements, however it would not change the above position. You can still seek an injunction from the courts to prevent the future distribution of the recording but it would not change what has happened so far

Customer:

True, thank you very much. I apprciate

Ben Jones :

you are most welcome







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