Judges: MARK PRYOR, Attorney General
Filed Date: 2/4/2000
Status: Precedential
Modified Date: 7/5/2016
The Honorable Jay Bradford State Senator P.O. Box 8367 Pine Bluff, AR 71611-8367
Dear Senator Bradford:
This is in response to your request for an opinion on the following question:
Is it legal for a person who has made a 911 call to publish the actual recording of the call on the Internet?
RESPONSE
It is my opinion that the answer to this question is, generally, "yes,"under state law. Questions may arise, however, under federal law under the particular facts presented. Additionally, publication of the recording may implicate private civil claims. I am thus unable to formulate a conclusive response to this question in the limited format of an opinion from this office.
According to correspondence attached to your request, this question is asked with regard to a particular factual scenario involving a 911 recording that was obtained under the Arkansas Freedom of Information Act ("FOIA") by the citizen who made the 911 call. It is stated that the 911 recording also contains "background noise and conversation . . . in addition to the emergency calls."
According to my review, there is no state law specifically addressing the release of tape recordings of 911 calls. The requirement that 911 calls be recorded is found at A.C.A. §
I have found no state law that would prohibit the publication of such a legally obtained recording. Depending upon the contents of the so-called "background . . . conversation," it is conceivable that publication of this part of the recording would be objectionable, giving rise to a potential private cause of action. Publishing the 911 recording would not, however, be unlawful per se under state law.
I am uncertain, however, as to the possible applicability of federal law under the particular scenario you have outlined. If any other non-emergency related conversation was in fact intercepted by the 911 operator and the operator was not a party to such conversation, an issue might arise under the federal Omnibus Crime Control and Safe Streets Act of 1968, as amended, codified as
Assistant Attorney General Elisabeth A. Walker prepared the foregoing opinion, which I hereby approve.
Sincerely,
MARK PRYOR Attorney General
MP:EAW/cyh