• Video audio recording of management committee meeting

Q. Is it legal to record ( video and audio) the managing commitee meeting of a charitable trust?
(Some commitee members raises objection in this matter.)
Asked 22 days ago in Constitutional Law

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10 Answers

It is perfectly legal to record the proceedings of managing committee meetings more so if it is charitable trust as public interest is involved. No one can object to that. 

Ravi Shinde
Advocate, Hyderabad
4488 Answers
42 Consultations

In order to maintain transparency you can do video audio recordings of the meeting of MC provided members are aware that video recording is being done 

 

housing society can do video recordings of meetings of AGM as per circular issued by registrar of cooperative society 

Ajay Sethi
Advocate, Mumbai
97612 Answers
7902 Consultations

It is not illegal to record the proceedings of the meeting of a charitable trust.

The objecting members should be questioned about the law under which they raise this objection.

T Kalaiselvan
Advocate, Vellore
87814 Answers
2365 Consultations

Proceedings of the managing committee meeting are private and confidential, and come under the doctrine of indoor management legally. They should not be made public. The objections raised by some members are valid in this regard. Though it may be argued that such video recordings are intended for the trust records only, the risk of leakage and the swiftness with which they can be shared across the globe very much exists.

Swaminathan Neelakantan
Advocate, Coimbatore
2967 Answers
20 Consultations

Recording a management committee meeting of a charitable trust, including video and audio, involves balancing legal permissions, privacy rights, and the trust's bylaws. Here's a concise response:

Legal Perspective:

  1. Consent Requirement:

    • Recording without the explicit consent of all committee members may violate privacy laws, such as Section 66E of the IT Act and other privacy-related laws in India.
    • If committee members raise objections, it is advisable to avoid recording without their agreement.

  2. Trust Bylaws:

    • Check the trust's governing documents or bylaws. If they permit or prohibit recording meetings, follow those provisions.

  3. Transparency:

    • Recording can be justified if it ensures transparency, but it should align with legal provisions and mutual consent.

Recommendation:

  • Seek written consent from all committee members before recording.
  • If members object, consider alternative methods like written minutes of the meeting, approved by all present.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes to write a review, it would bring immense happiness to read it. Thank you. Shubham Goyal.

Shubham Goyal
Advocate, Delhi
594 Answers
3 Consultations

Yes it’s legal it’s a public meeting 

Prashant Nayak
Advocate, Mumbai
32940 Answers
209 Consultations

Dear Client,

 

Recording (video and audio) of a managing committee meeting of a charitable trust can be legally permissible, provided it does not violate any laws or internal rules of the trust. Under Section 65B of the Indian Evidence Act, 1872, such recordings can be admissible as evidence if required for legal purposes. However, if committee members object, their consent is crucial, as unauthorized recording may infringe on their right to privacy under Article 21 of the Constitution. To avoid disputes, review the trust's bylaws or meeting rules regarding recordings. If no clear provisions exist, seek prior consent of all members before proceeding, or propose a resolution to allow recordings for transparency and record-keeping.

Anik Miu
Advocate, Bangalore
10427 Answers
121 Consultations

 

The legality of recording (video and audio) a managing committee meeting of a charitable trust depends on several factors, including the nature of the meeting, the jurisdiction you're in, and the policies or rules governing the charitable trust itself.

Here are some general points to consider:

1. Consent of the Parties Involved


  • In India, there is no specific law prohibiting the recording of a meeting, but if it involves personal conversations, consent of the parties present may be required. This could be either explicit (everyone agrees to be recorded) or implicit (if everyone is aware and agrees).
  • If some committee members object to the recording, it is important to respect their views unless the rules of the charitable trust or the nature of the meeting allow for such recordings. Without consent, recording the meeting could potentially lead to legal complications, such as claims of privacy invasion or defamation.

2. Purpose of Recording

  • If the recording is intended for transparency, keeping a record for internal use, or for official documentation, and is communicated as such in advance, it may be permissible. However, if the purpose is personal, or if the recording is likely to be used in a way that could harm someone's reputation, the objections of the committee members might hold weight.

3. Trust Rules and Regulations

  • Many charitable trusts are governed by their memorandum of association (MOA), trust deed, or internal policies. These documents may specify whether meetings are to be recorded. If the trust’s governing documents do not allow or mention recording, it would be advisable to follow the prescribed guidelines.

4. Legal Considerations

  • Privacy Laws: In India, privacy rights are protected under Article 21 of the Constitution and certain privacy laws. Even though committee members are part of an organisation, they still have the right to privacy, especially if the meeting discussions are private or sensitive in nature.

  • Recording Consent in Private Meetings: If the meeting is a private, internal meeting and members have an expectation of privacy, it would be best to seek consent from the members to avoid any potential legal issues.

  • Public Interest: If the meeting concerns public matters, such as discussions on the charitable trust’s financials, impact, or governance, recording may be justified under public interest, particularly if the recordings are used for documentation and transparency.

5. Handling Objections

If committee members object, here’s how you can handle the situation:


  • Seek Consent: Before the meeting begins, inform everyone about the intention to record and ask for their consent. If anyone objects, the recording should not proceed unless there is a strong justification based on trust rules or a public interest argument.

  • Minutes of Meeting (MoM): If recording is not possible due to objections, ensure that thorough minutes of the meeting are taken and documented, which would serve as an accurate record of the discussions.

6. Other Considerations


  • Legal Actions: If you believe that the recording is necessary for transparency, particularly in cases where there is a possibility of mismanagement, you may want to consult a legal professional to explore if the recording could be made legally sound, especially if the trust operates in a manner where financial or governance issues need to be monitored closely.

While recording a charitable trust's managing committee meeting might not be outright illegal, it is essential to ensure that all members consent or that the trust’s rules allow for such recordings. If committee members object, their concerns should be addressed respectfully to avoid legal repercussions.

To ensure compliance with all applicable laws and trust policies, you might want to seek legal advice specific to your case.

Thanks and Regards,
Advocate Aman Verma, Legal Corridor.

Aman Verma
Advocate, Delhi
279 Answers

If objections are raised then recording cannot be made, and if it is made, it will lack admissibility under Indian Evidence Act.

Ashish Davessar
Advocate, Jaipur
30814 Answers
974 Consultations

- As per law , all members of a housing society have the right to ask for a video recording of the meeting from the managing committee.

- Hence, it is legal to record by way of video and audio of the meeting of the managing committee , and none having right to object the same , unless there is provision in the by-laws of the society against this., and it is dully passed in the AGM. 

Mohammed Shahzad
Advocate, Delhi
14778 Answers
225 Consultations

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