Is it illegal to record audio without consent?

Whether private recording is legal and valid shall be treated differently. As long as it is truthful and can be used as evidence, it is legal and valid; otherwise, it is invalid. The acquisition of recording evidence must comply with legal regulations to ensure that the content of the recorded conversation is the true expression of intention. Therefore, in principle, as long as it is not in a public place or because of the needs of public interests, it is illegal to secretly photograph or record others. Generally, it is governed by public security management cases. impose penalties. If the circumstances are serious, they will be detained for 5 to 10 days and may be fined not more than 500 yuan.

According to regulations, evidence includes statements of parties, witness testimonies, audio-visual materials, etc. Recorded materials are a type of audio-visual evidence. According to legal provisions, evidence must be obtained legally, and the evidence provided by the parties must be verified to be true before it can be used as a basis for determining facts. Evidence obtained by infringing upon the legitimate rights and interests of others or violating prohibitive provisions of the law cannot be used as a basis for determining the facts of the case. Therefore, even if the information is obtained by privately recording the other party's conversation without his consent, the recording can be used as evidence unless it is obtained by infringing the legitimate rights and interests of others or violating the prohibitive provisions of the law. Whether private recording is legal and valid shall be treated differently. As long as it is truthful and can be used as evidence, it is legal and valid; otherwise, it is invalid. The acquisition of recording evidence must comply with legal regulations to ensure that the content of the recorded conversation is the true expression of intention.

Legal basis:

"Public Security Management Punishment Law"

Article 42 Anyone who commits any of the following acts shall be detained for not more than 5 days or fined 500 yuan The following fines may be imposed; if the circumstances are serious, the person shall be detained for not less than 5 days but not more than 10 days, and may also be fined not more than 500 yuan:

(1) Writing threatening letters or threatening the personal safety of others by other means;

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(2) Blatantly insulting others or fabricating facts to slander others;

(3) Fabricating facts to frame others in an attempt to subject others to criminal prosecution or public security management penalties;

(4) Threatening, insulting, beating or retaliating against witnesses and their close relatives;

(5) Repeatedly sending obscene, insulting, threatening or other messages to interfere with the normal life of others ;

(6) Peeping, filming, eavesdropping, or spreading other people's privacy.

"Several Provisions of the Supreme People's Court on Evidence in Civil Litigation"

Article 70: If one party submits the following evidence and the other party raises an objection but there is no sufficient contrary evidence to refute it: , the people's court shall confirm its probative force:

(1) The original documentary evidence or a copy, photo, duplicate or excerpt that is verified to be correct with the original documentary evidence;

(2) The original physical evidence Objects or copies, photos, video materials, etc. that are verified to be correct with the original material evidence;

(3) Audio-visual materials that are supported by other evidence and obtained by legal means and are beyond doubt or are verified to be correct with the audio-visual materials Copies of the evidence;

(4) One party applies to the people's court for the inspection records of the physical evidence or scene produced in accordance with legal procedures.