CHAPTER
90
LISTENING DEVICES |
ARRANGEMENT OF
SECTIONS |
SECTION |
|
|
Prohibition of use of listening devices. |
Prohibition of communication of private
conversations recorded by listening devices. |
Authorisation of use of listening devices for
public purposes. |
Authorisations to be prima facie evidence. |
Irrelevant records to be destroyed. |
Advertising listening devices prohibited. |
Prosecutions and penalties. |
Evidence of private conversations unlawfully
obtained inadmissible. |
CHAPTER 90 |
LISTENING DEVICES |
An Act to
regulate the use of certain devices for listening to private conversations, and
for connected purposes. | 22 of 1972
E.L.A.O., 1974 |
[Commencement 27th
December, 1972] |
1. This Act may be cited as the Listening Devices Act. | Short title. |
2. (1) In this Act, unless the context otherwise
requires- | Interpretation. |
"listening
device" means any instrument, apparatus, equipment or device capable of
being used to hear, listen to or record a private conversation while it is
taking place; |
"private
conversation" means any words spoken by one person to another in
circumstances indicating that those persons or either of them desire the words
to be heard or listened to only by themselves or by themselves and some other
person, but does not include a conversation made in circumstances under which
the parties to the conversation ought reasonably to expect the conversation to
be overheard. |
(2) A reference in
this Act to a listening device does not include a reference to a hearing aid or
similar device used by a person to overcome an impairment of hearing so as to
enable him to hear sounds ordinarily audible to the human ear. |
(3) A reference in
this Act to a party to a private conversation is a reference- |
(a) to a person
by or to whom words are spoken in the course of that conversation; and also |
(b) to a person
who, with the consent, express or implied, of any of the persons by or to whom
words are spoken in the course of that conversation, hears, listens to or
records those words. |
3. (1) Subject to the provisions of subsection (2) of
this section, any person who uses a listening device to hear, listen to or
record a private conversation to which he is not a party shall be guilty of an
offence against this Act. | Prohibition of use of listening devices. |
(2) Subsection (1)
of this section shall not apply- |
(a) where the
person using the listening device does so in accordance with an authorisation
given to him under section 5 of this Act; or |
(b) to the
unintentional hearing of a private conversation over a telephone. |
(3) The court by
which a person is convicted of an offence under this section may order that any
listening device used in the commission of the offence shall be forfeited and
disposed of as the court may think fit. |
4. (1) Subject to the provisions of subsection (3) of
this section, any person who communicates or publishes to any other person a
private conversation or a report of or the substance, meaning or purport of a
private conversation that has come to his knowledge as a result of the use of a
listening device used in contravention of section 3 of this Act shall be guilty
of an offence against this Act. | Prohibition of communication of private conversations
recorded by listening devices. |
(2) Subject to the
provisions of subsection (3) of this section, any person who, having been a
party to a private conversation and having used a listening device to hear,
listen to or record that conversation, subsequently communicates or publishes
to any other person any record of the conversation made directly or indirectly
by the use of a listening device shall be guilty of an offence against this
Act. |
(3) Subsection (1)
or (2) of this section shall not apply where the communication or publication- |
(a) is made to
a party to the private conversation or with the consent, express or implied, of
such a party; or |
(b) is not more
than is reasonably necessary- |
(i) in
the public interest; |
(ii) in
the performance of a duty of the person making the communication or
publication; or |
(iii) for
the protection of the lawful interests of that person; or |
(c) is made to
a person who has, or is believed on reasonable grounds by the person making the
communication or publication to have, such an interest in the private
conversation as to justify the making of the communication or publication under
the circumstances under which it is made; or |
(d) is made in
accordance with an authorisation referred to in paragraph (a) of subsection (2)
of section 3 of this Act by a person who used the listening device to hear,
listen to or record the private conversation pursuant to the authorisation. |
5. (1) Where the Minister responsible for National
Security is satisfied that the interests of the defence or the internal
security of The Bahamas so require, he may in writing authorise the use by any
person specified in the authorisation of a listening device for such period
(not exceeding thirty days) and in such manner as may be so specified. | Authorisation of use of listening devices for public
purposes. |
(2) Where the
Commissioner of Police after consultation with the Attorney-General is
satisfied- |
(a) that, for
the purpose of the conduct by a police officer of an investigation into an
offence that has been committed or that the Commissioner believes to have been
committed, the use of a listening device is necessary; or |
(b) that an
offence is about to be, or is reasonably likely to be, committed and that, for
the purpose of enabling a police officer to obtain evidence of the commission
of the offence or the identity of the offender, the use of a listening device
is necessary, |
the
Commissioner after consultation with the Attorney-General, may in writing
authorise the use by a police officer of a listening device for that purpose in
such manner and for such period (not exceeding fourteen days) as may be
specified in the authorisation. |
(3) Without
prejudice to the powers of the Commissioner of Police under subsection (2) of
this section, in relation to an offence against the Tariff Act, or the
Customs Management Act, the provisions of that subsection shall have effect
with the substitution- |
(a) for
references to the Commissioner of Police, of references to the Comptroller of
Customs; and |
(b) for
references to a police officer, of references to a customs officer. |
(4) A record of
the particulars of every authorisation given by any person under this section
shall be kept by him. |
6. A document purporting to be an authorisation given
under section 5 of this Act shall in all courts and on all occasions, without
proof of the signature of the person purporting to have signed the document, be
prima facie evidence that the person specified in the document as the
person to whom the authorisation was given was authorised under that section to
use a listening device in accordance with the terms of the document. | Authorisations to be prima facie evidence. |
7. Where any record is made, whether in writing or
otherwise, of information obtained by the use of a listening device pursuant to
an authorisation given by any person under section 5 of this Act, that person
shall, as soon as possible after that record has been made, cause to be
destroyed so much of the record as does not relate directly or indirectly to
the purpose for which the authorisation was given. | Irrelevant records to be destroyed. |
8. Any person who in any way advertises or publicly
exhibits a listening device with the intention or apparent intention of
promoting its use or sale shall be guilty of an offence against this Act. | Advertising listening devices prohibited. |
9. (1) Every offence against this Act shall be
prosecuted summarily. | Prosecutions and penalties. |
(2) Any person
convicted of an offence against this Act shall be liable to a fine not
exceeding two thousand dollars or to imprisonment for a term not exceeding six
months or to both such fine and imprisonment. |
10. (1) Where a private conversation has come to the
knowledge of person as a result, direct or indirect, of the use of a listening
device used in contravention of section 3 of this Act, evidence of that conversation
may not be given by that person in any civil or criminal proceedings. | Evidence of private conversations unlawfully obtained
inadmissible. |
(2) Subsection (1)
of this section shall not render inadmissible the evidence of a private
conversation- |
(a) that has
come to the knowledge of the person giving evidence if a party to the
conversation consents to that evidence being given; or |
(b) in any
prosecution for an offence against this Act. |