If someone recorded you without your consent in South Africa, either through voice or video recording, you have 4 options, for both workplace and non-workplace settings. These options are laying a criminal charge, reporting it to the Information Regulator, taking civil legal action, and demanding removal or deletion of the recording.
The South African Regulation of Interception of Communications and Provision of Communication-Related Information Act (RICA) prohibits anyone from recording you without your consent in the following manner:
- Recording your private conversation without your knowledge
- Using devices to intercept communication you expected to be private
- Sharing or distributing that recording without your consent
- Coercing or manipulating you into being recorded under false pretences
The above still apply even if you were in a public place, you were speaking to someone who had no right to share the conversation, or you were unaware that a recording was happening in a digital meeting.
In the following sections, we will explore the 4 options that you have after someone has recorded you without your consent.
4 Things To Do If Someone Recorded You Without Your Consent
As explained in the previous section, when someone recorded you without your consent, you should lay a charge, report to the Information Regulator, approach the courts, and demand removal. Below are the specific details for each option:
1. Open a Criminal Case
You can go to your nearest police station and open a case under RICA. This is especially serious if the person secretly recorded a phone call, a private conversation at work, or a personal situation at home. The law treats this as illegal interception, and the offender can be charged and prosecuted.
Tip: Bring evidence such as screenshots, audio files, or messages that prove you were recorded and that you did not give permission.
2. Report to the Information Regulator
The Information Regulator handles violations of privacy under POPIA (Protection of Personal Information Act). If someone shared your recording on social media or via WhatsApp, or used it to damage your reputation, you can file a formal complaint. They investigate misuse of personal data and privacy breaches.
Visit: https://www.justice.gov.za/inforeg/
Tip: Use this option especially if your image, voice, or any personal content was published without your permission.
3. Approach a Lawyer or the Civil Court
You have the right to sue the person for damages, especially if the recording caused you emotional distress, public embarrassment, or reputational damage. This is called a civil claim, and you can claim for defamation, invasion of privacy, or unlawful disclosure.
Important: Your lawyer can get a court order to have the recording deleted, removed from social media, and even prevent further sharing.
4. Demand Immediate Removal or Deletion
Even before taking legal action, you have the right to contact the person and demand they delete the recording. If they shared it online, you can also report it to the platform (like Facebook or YouTube) under their privacy violation policies.
If they refuse, mention that you are taking legal steps and keeping a record of all your communication with them. That warning alone is often enough to stop further sharing.
FAQs
Can I sue someone for recording me without my permission in South Africa?
Yes, you can. South African law allows you to sue for invasion of privacy, emotional distress, or defamation, depending on what the recording was used for. As you will see in the following sections, recording someone in a private setting without their permission is not just unethical, it is criminal.
If someone shared your voice or video without permission, especially in a way that embarrassed or damaged your name, you have every right to open a case and also take civil legal action. Most people do not go this far because they think nothing will happen anyway, but that does not take away your legal right to do so.
What are the charges for recording without consent?
In South Africa, recording someone without their permission in a private space or during a private communication is a criminal offence under RICA. As we touched on earlier, this is not something small. It can lead to serious charges such as unlawful interception of communications, harassment, and even crimen injuria, depending on how the recording was used and who it harmed.
If the recording was used to hurt, expose, or humiliate someone, the court can go beyond a warning and impose a fine or prison sentence. There are many examples of this in South Africa involving public figures like Bonang Matheba, whose voice notes were leaked, or politicians who were secretly recorded in private conversations. The more private the situation was, the more serious the offence becomes. That is why even casual recordings shared for gossip can land you in hot water if the victim decides to take legal steps.
Is it legal to record a conversation in South Africa?
This depends entirely on whether you were part of the conversation. If you are one of the people speaking, you are allowed to record without asking for permission. This is often the case in the work meeting where an employee records a performance review or disciplinary hearing to protect themselves. But if you are not involved in the conversation and record others secretly, that becomes a violation. It can be seen as spying or eavesdropping, which is totally unethical.
This is a rule that confuses many people because they assume all recordings are illegal. They are not. But when you secretly record other people’s conversation and you were not part of it, you are breaking the law period.
POPI Act and recording conversations – what the law says
This goes hand in hand with what we explained in the introduction. POPIA protects your personal information, and that includes your voice, image, and any recording that reveals personal details.
If someone recorded you without your consent and then shared that recording, whether on social media or in a WhatsApp group, they are violating POPIA. You can report them to the Information Regulator, especially if it was in a private or sensitive setting.
Can voice recordings be used in court in South Africa?
Yes, voice recordings can be used in court in South Africa, but only under certain conditions, such as when the person recording was part of the conversation and the recording was made during a lawful interaction.
This is how many workplace and family-related disputes are proven in court. The recordings act as evidence, especially in cases of verbal abuse during staff meetings, threatening calls between partners, racist remarks in the workplace, or even dishonest dealings in business negotiations.
What can I do if my neighbour is recording me with his phone?
If your neighbour is filming you while you are in your private space, your yard, your home, or even your window, this is a direct invasion of privacy.
You can open a harassment case or go to your local police station and report it. If it feels more like intimidation or obsession, it may also qualify as stalking, and you can apply for a protection order.
If you are unsure whether it is a legal or illegal situation, ask yourself this simple question: Were you expecting privacy in that moment? If the answer is yes, then you are in your rights to act.
Am I allowed to record a conversation with my boss?
Yes, you are allowed to record a conversation with your boss. If you are in a meeting with your boss, or any workplace conversation where you are present, you are allowed to record, even if you do not tell them.
In fact, many employees use this as protection when they feel mistreated or threatened at work. Those recordings can help in labour disputes, CCMA hearings, or even legal action. The rule is simple: you must be part of the conversation for it to be legal.
Can you go to jail for recording without consent?
Yes, you can go to jail for recording other people without their consent. But like we said earlier, jail only happens in serious cases. Most of the time, these cases are handled through warnings, takedown notices, or civil claims.
You are more likely to face arrest and jail time only if:
- You recorded a private phone call without being part of it
- You filmed someone in a vulnerable or private moment
- You used the recording to humiliate, blackmail, or threaten someone
- You shared revenge content without consent
When the harm is deep and the intent was clearly to violate someone’s rights, then the court will not hesitate to punish you.
