Recording without consent
Recording without consent
Such behaviour would hardly be acceptable in Switzerland, since Article 179bis of the Swiss Penal Code punishes with up to three years' imprisonment anyone who, without the consent of all the participants, eavesdrops with a device or records on a sound carrier a non-public conversation between other persons. Anyone who keeps or makes available a recording that he knows or should presume to be the result of the above-mentioned offence is also punishable. Anyone who retains or makes available a recording that he knows or should presume to be the result of the above-mentioned offence is also liable to criminal prosecution. It would appear that the telephone hoax so popular with certain radio programmes in France is not legal in Switzerland. This being the case, it does not seem to be any more accepted in France, where Article 226-1 of the Criminal Code states that it is an offence, punishable by one year's imprisonment and a fine of 45,000 euros, to deliberately violate the privacy of another person by capturing, recording or transmitting, without the author's consent, words spoken in a private or confidential capacity.However, in France as in Switzerland, the aforementioned provisions only apply if a complaint is lodged, which means that, more often than not, the perpetrators of this type of outburst are not bothered at all. It is also quite possible that this type of joke is organised with accomplices or even actors. It is also quite possible for jokes of this kind to be organised with accomplices or even actors, as the presenters need to have a back-up plan in place if, for example, the listener involved no longer wishes to take part live at the last minute. The fact remains, however, that some stories are more entertaining than others, and with that in mind we would like to wish all our readers an enjoyable hunt for the chocolate eggs hidden by the Easter bunny! $
