9Prohibition on communication or publication of private conversations unlawfully listened to

9 Prohibition on communication or publication of private conversations unlawfully listened to

(1)  Where a private conversation has come to the knowledge of a person –

(a) as a result, direct or indirect, of the use of a listening device in contravention of section 5 ; or

(b) as a result of the unintentional hearing of such a conversation by means of a listening device –

that person shall not knowingly communicate or publish that conversation, or a report of that conversation, to any other person.

(2)  Subsection (1) does not apply –

(a) where the communication or publication is made –

(i) to a party to the private conversation; or

(ii) with the consent, express or implied, of all of the principal parties to the private conversation; or

(iii) in the course of proceedings for an offence against this Act; or

(b) where the person making the communication or publication believes on reasonable grounds that it was necessary to make that communication or publication in connection with –

(i) an imminent threat of serious violence to persons or of substantial damage to property; or

(ii) a serious narcotics offence; or

(c) to prevent a person who has obtained knowledge of the private conversation otherwise than in a manner referred to in that subsection from communicating or publishing to another person the knowledge so obtained by the person, notwithstanding that the person also obtained knowledge of the conversation in such a manner.

(3)  [Section 9 Subsection (3) inserted by No. 18 of 2018, s. 6, Applied:05 Oct 2018] Subsection (1)(b) does not apply in relation to a communication, or publication, of information, obtained by the use by a police officer of a personal camera, that is a communication or publication to which section 33(3) or applies.