Note: This page covers information specific to Massachusetts. For general information concerning the use of recording devices see the Recording Phone Calls, Conversations, Meetings and Hearings section of this guide.
Massachusetts Wiretapping Law
Massachusetts's wiretapping law is a "two-party consent" law. Massachusetts makes it a crime to secretly record an in-person or telephone conversation without the consent of all parties to the conversation. See Mass. Gen. Laws ch. 272, § 99. If you are operating in Massachusetts, you should always get the consent of all parties before recording a telephone call or conversation, unless it is absolutely clear to everyone involved that you recording (i.e., it is not "secret").
This law applies to secret video recording when sound is captured. In a recent case, a political activist was convicted of violating the wiretapping statute by secretly recording video of a Boston University police sergeant during a political protest in 2006. The activist was shooting footage of the protest when police ordered him to stop and then arrested him for continuing to operate the camera while hiding it in his coat. As part of the sentencing, the court ordered the defendant to remove the footage from the Internet. From this case, it is clear that you can violate the statute by secretly recording, even when you are in a public place.
In addition to subjecting you to criminal prosecution, violating the Massachusetts wiretapping law can expose you to a civil lawsuit for damages by an injured party.
Consult The Reporters Committee for Freedom of the Press's Can We Tape?: Massachusetts for more information on Massachusetts wiretapping law.
Massachusetts Law on Recording Court Hearings and Public Meetings
Court Hearings
Massachusetts law allows you to record state court proceedings if you make a request to the court a reasonable time in advance. Courts generally do not allow recording devices in certain types of sensitive cases. Supreme Judicial Court oral arguments are webcast and archived online.
Federal courts in Massachusetts, at both the trial and appellate level, prohibit recording devices and cameras in the courtroom.
For information on your right of access to court proceedings, please consult the Access to Government Information section of the guide.
Public Meetings
Massachusetts open meetings law expressly permits sound and video recording of public meetings (i.e., meetings of a governmental body required to be open to the public by law), except for executive sessions, by anyone in attendance. The statute provides, however, that video equipment must be "fixed in one or more designated locations determined by the governmental body" and that the recording must not actively interfere with the conduct of the meeting. See Mass. Gen. Laws. ch. 39, § 23B(9).
For information on your right of access to public meetings, please consult the Access to Government Information section of the guide and The Reporters Committee for Freedom of the Press's Open Government Guide: Massachusetts.
