Is it legal to send recorded phone calls?

[isthislegal28]

I have recorded a personal phone call which is fairly incriminating about the person cheating on a friend of mine. Would it be illegal to send it to the friend?

No,it's okay if you're just sending it for a friend to know and not using it as a tool of blackmail/extortion.

I'm afraid the last answer is wrong.

You can record your own phone calls provided the recording is for personal use. You cannot make the recording available to a third party unless you have the consent of the other person involved in the call. Sharing the recording without consent is classed as unlawful interception of communications under the Regulation of Investigatory Powers Act 2000 and is a criminal offence. That does not necessarily mean you would be prosecuted if you sent the recording to your friend. That would only happen if the person cheating complained to the police and the authorities felt it was worth taking action against you.

I just didn't know if the third party thing was just about companies and not applied to personal use?

You could just share it with your friend rather than sending it? At least keeps it in your possession that way?

As soon as you share it with anyone, even if it is just playing it to them, it ceases to be personal use. Keeping it in your possession, as MsMims suggests, may make it harder to prove that an offence has been committed but it is still an offence. As far as the law is concerned you can tell your friend the contents of the conversation but you cannot play the recording to them.

RIPA only applies to public authorities

prh47bridge You have no idea what you're on about. RIPA applies to public bodies only.

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You have no idea what you're on about. RIPA applies to public bodies only.

Rubbish. I know exactly what I am on about. I'm afraid you are the person with no idea.

The offence of unlawful interception does NOT only apply to public authorities (and, indeed, nor does RIPA as a whole). RIPA states that it is an offence for a person intentionally and without lawful authority to intercept telephone conversations. It would, after all, be hard to send a public authority to prison for 2 years which is the maximum sentence for this crime. And there is nothing in RIPA that says the offence can only be committed by persons working for public authorities.

The Investigatory Powers Act 2016 similarly makes it an offence for a person to intentionally intercept a telephone conversation without lawful authority.

In both acts, the definition of "intercept" includes recording the conversation so that it can be heard by someone other than the participants.

NellieFiveBellies - unfortunately, if the cheater knows about the recording and blames it for the end of their relationship, there's quite a good chance of them reporting it. Whether they'll get anywhere with it is a different matter but once they've reported it, a decision on any further action might not be up to them. (Speaking from personal experience of a similar situation.)

prh47bridge is exactly right!

Was it your phonecall or one you overheard? and are you sure they are cheating?

Out of interest, if the contents of the call were transcribed and the transcription sent on, would that fall foul of RIPA? Does it boil down to the definition of 'recorded'?

A transcript would be illegal. You have still recorded the conversation as it happened and made the content of the conversation available to a third party.