Supreme Court Declares Recording Without Consent is Illegal

The Supreme Court of Pakistan has ruled that secretly recording a private conversation without the consent of the person involved, particularly for extortion or other illegal purposes, constitutes criminal conduct under Pakistani law.

In a five-page judgment authored by Justice Muhammad Hashim Khan Kakar, the court upheld the accused’s acquittal in a case where the petitioner relied mainly on a clandestine audio recording allegedly capturing a discussion about a Rs5,000 bribe.

The judgment noted that the Prevention of Electronic Crimes Act 2016 recognizes unauthorized surveillance as a criminal offence.

It stated that Section 23 of PECA specifically criminalizes the unauthorized capturing, recording, or transmission of a person’s image or voice with dishonest intent.

The three-member bench, led by Justice Kakar, highlighted that there is a clear distinction between recordings made during official duties and those created with the intention of setting a trap to obtain evidence.

“The individual responsible for recording audio or video should not be the same person who creates such recordings with the intention of setting a trap to obtain evidence,” the judgment stated.

The court also observed that the prosecution failed to present independent witnesses or additional evidence to support the allegations.

Referring to constitutional safeguards, the judgment emphasized that Article 14 of the Constitution of Pakistan 1973 guarantees the inviolability of human dignity and the privacy of the home.

Secretly recording private conversations and using them in legal proceedings violates this protection, the court said.

The ruling further highlighted that the right to privacy is deeply rooted in Islamic jurisprudence, citing the Quranic command “Do not spy” as a principle that protects the sanctity of private life.

The court warned that allowing citizens to conduct unauthorized surveillance against one another could undermine constitutional protections and create a society where illegally obtained evidence is used to secure convictions.

Granting judicial legitimacy to such actions, the judgment concluded, would amount to a violation of the Constitution and fundamental rights.