Is it legal to record a conversation in Jamaica?

What the law says

Jamaica’s rule is in section 3 of the Interception of Communications Act. It is an offence to intentionally intercept a communication while it travels over a telecommunications network. The case is heard in a Resident Magistrate’s Court. The penalty is up to 3 years in prison, a fine of up to J$3 million, or both.

There are exceptions. Under section 3(2) of the Interception of Communications Act, there is no offence if you have good reason to believe that the person:

“to whom or by whom the communication is transmitted consents to the interception;”

That is why recording your own calls is allowed. If you send or receive the call or message, it is sent by you or to you. Your own consent then meets section 3(2)(b) of the Interception of Communications Act.

Talk that is not private. Under section 3(2)(d) of the Interception of Communications Act, there is no offence if the communication is not private. Section 2 calls a communication private when it is sent to its intended recipient in:

“circumstances in which it is reasonable for the sender and the intended recipient to expect that the communication will not be intercepted by any person other than the intended recipient”

Scrambled radio calls. The same definition in section 2 of the Interception of Communications Act includes radio-based telephone calls that are treated, electronically or otherwise, so that no one but the intended recipient can understand them.

What the Act covers. Section 2 of the Interception of Communications Act defines telecommunications broadly. It includes speech and other sounds, images, data, text and signals, sent by electromagnetic or similar means. Phone calls, voice notes and messages over a network all fit.

Messages waiting to be read. Under section 3(4) of the Interception of Communications Act, a message is still travelling while the network stores it for the recipient. A message not yet opened is one example.

As evidence. Under section 14(2) of the Interception of Communications Act, what is obtained by an interception that section 3 permits is admissible as evidence in any criminal proceedings. Section 14 speaks of criminal cases; civil cases are not dealt with there.

What changes the answer

Recording someone else’s call. The exception in section 3(2)(b) of the Interception of Communications Act needs good reason to believe the sender or recipient consents. Without that, recording a call between two other people is the offence in section 3(1).

A warrant. Under section 3(2)(a) of the Interception of Communications Act, an interception made under a warrant issued by a Judge under section 4 is not an offence.

Service providers. Under section 3(2)(c) of the Interception of Communications Act, there is no offence when interception is a normal part of running the service. The same goes for enforcing laws on its use.

Stored communications. Under section 3(2)(e) of the Interception of Communications Act, a stored communication acquired under the provisions of another law is not an interception offence.

Private networks. Under section 3(2)(f) of the Interception of Communications Act, some networks are not public. On those, the person who controls the network may intercept. So may anyone with that person’s express or implied consent.

The device. Under section 3(3) of the Interception of Communications Act, the court that convicts a person can order the device used for the interception to be forfeited.

Talking in person. Section 3 of the Interception of Communications Act is about communications sent over a network. A face-to-face talk with no network is not dealt with in the section read here. This page does not answer that case.