Michigan Recording Law

Note: This page covers information specific to Michigan. For general information concerning the use of recording devices see the Recording Phone Calls, Conversations, Meetings and Hearings section of this guide.

Michigan Wiretapping Law

Michigan's wiretapping law is a "two-party consent" law. Michigan makes it a crime to record a "private conversation" unless all parties to the conversation consent. A "private conversation" presumably applies to both in-person and telephone conversations, so long as the circumstances surrounding the conversation justify an expectation of privacy. Therefore, if you are operating in Michigan, you may be able to record in-person conversations that are not private because they take place in a public place, such as a street or a restaurant. However, you should always get the consent of all parties before recording any conversation that common sense tells you is "private."

Michigan law also makes it a crime to "install, place, or use in any private place, without the consent of the person or persons entitled to privacy in that place, any device for observing, recording, transmitting, photographing, or eavesdropping upon the sounds or events in that place." Mich. Comp. Laws § 750.539(d). The law defines a "private place" as a place where a person "may reasonably expect to be safe from casual or hostile intrusion or surveillance but does not include a place to which the public or substantial group of the public has access." Mich. Comp. Laws § 750.539(a). You should always avoid these kinds of surveillance tactics.

In addition to subjecting you to criminal prosecution, violating these provisions can expose you to a civil lawsuit for money damages by an injured party.

Consult the Reporters Committee for Freedom of the Press's Can We Tape?: Michigan for more information on Michigan wiretapping law.

Michigan Law on Recording Court Hearings and Public Meetings

Court Hearings

Michigan law generally allows sound and video recording of state court proceedings, but you must request permission from the presiding judge at least three business days beforehand. The court has discretion to terminate or prohibit recording if it determines that it would be in the interests of justice. For instance, the court may exclude recordings of particularly sensitive witnesses or testimony involving confidential business information.

Federal courts in Michigan, 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 this guide.

Public Meetings

When you attend a public meeting (i.e., a meeting of a governmental body required to be open to the public by law), Michigan law gives you the right to make video and sound recordings of the meeting and to broadcast live, subject to prior approval of the governmental body holding the meeting and to reasonable rules laid down by that body to avoid disruption of meetings. Mich. Comp. Laws § 15.263(1).

For information on your right of access to public meetings, please consult the Access to Government Information section of this guide and the Reporters Committee for Freedom of the Press's Open Government Guide: Michigan.