Are you wondering is it legal to record a conversation in China? In Chinese law shows, recording secretly plays an important part in the legal process.
In general, during litigation, you can assume you are being recorded. You can use this to your advantage. If it was legal, you could also record yourself.
Any emails, Wechat messages, or other types of conversation might be used in the courtroom.
So is secret recording allowed in China? The short answer is… it depends.
Recording phone calls in China
In the past, recording someone without their consent was illegal. This has changed over time. The Chinese courts will allow audio recordings under Article 63 of the Civil Procedure Law.
Over the past ten years, the Chinese courts have encouraged parties to try and gather evidence for their disputes and lawsuits.
Basically, the court says you can record a conversation with the other person. However, you cannot record people not part of the lawsuit. Further, you need to make sure you don’t get into trouble with the police.
You can see a few of our lawyers in China below. These are not all of them.
Are Secret Recordings Legal In China?
You also must make sure not to violate the general morals of society. This of course can be confusing. This is why you should speak to one of our attorneys in China. They can provide you with legal advice.
You don’t want to go to jail over a lawsuit or divorce.
The law firm can help you gather evidence without violating criminal laws in China. Just fill out the form on the side of this page. A lawyer in China will contact you.
In China, the line between legal and illegal when it comes to recording is very thin. Make sure you do not cross it.
There are other criteria that the courts, and police, will want to check. You should have been there when the recording was made. Bugging someone’s house or car and leaving is not allowed.
Record A Conversation In China
The recording should be made in a public place, where other recordings (like video) is often made. People do not assume to have privacy in such places.
If everyone agreed not to record, then it’s illegal to do so. If it’s a family law dispute, you cannot have the child record the other spouse.
Hacking is illegal in China. You cannot gather evidence via hacking your spouse’s phone or computer.
Below is a summary of this article:
- You can sometimes record a conversation
- Recording phone calls is normally okay
- Evidence via secretly recorded audio is sometimes admissible
- Not all parties need to consent to record
- Speak to a law firm in China
In conclusion, speak to one of our lawyers in China to get legal advice. You need help putting together the evidence to win your case.
Author: Alistair Vigier is the CEO of Clearway