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Senior Partner
Senior Partner, Solicitor
Category: Law
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Experience:  Solicitor with more than 30 years experience
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can a voice recording of a conversation on cb radio be used

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can a voice recording of a conversation on cb radio be used in party is claiming the other party said untrue things about them and will take them to court to find out who told these things about them
Hi thank you for your question. A recording of a conversation which was made by one party to the conversation is normally admissible in evidence in court. It might not be permissible if it was obtained improperly by someone who tapped a phone or something similar but if you record a private conversation with someone else there is nothing unlawful about that. It is simple a record of what was said and is evidence of what was said.

However if the dispute is between two individuals who were having private conversation then even if what on party said was untrue or was unpleasant that is not gourds for a court case. To bring an action for defamation for example what was said has to be published.

it is theoretically possible to argue that if the cb radio was used on an open public channel then anything said that was untrue was defamation but it sound to me as if the threat to go to court is simply a threat and there is no real basis to bring any kind of court action.

Please let me know if you want any further information.

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