Boris Johnson and Keith VazA transcript has been released, which appears to have been taken from a tape, detailing what is described as an 'expletive-laden' conversation with Boris Johnson, the Mayor of London.
Mr Vaz is the Chairman of a Parliamentary Committee. The Committee was investigating potential lawbreaking. Mr Johnson does not seem to have been told on the transcript that it was being recorded. I was under the impression that recording a telephone conversation without warning and releasing it to third parties was an offence, albeit a civil one. If there was a warning, it was not on the transcript; in that event, the transcript does not contain all the details of the conversation and is wholly unreliable.
Either way, the press are running with it without thinking. Press, politicians, bankers, professionals--go on, cast the first stone. Should Boris sue, or is there a public interest defence in releasing transcripts of telephone conversations for party advantage or the amour-propre of a no doubt blameless Solicitor like Mr Vaz? Who released the transcript?
Dave Hill at the Guardian had the same query, before I did.
UPDATE:
I've done a little snarfling around because the Johnson story reminded me of one involving the police and Lord Goldsmith when he was Attorney general. Sure enough, there was a taping scandal and an exploration of the public interest defence there. The BBC provided a handy guide to the law here. I think that it is almost always a mistake to get involved with m'learned friends, especially in civil matters, so Boris would be sensible to bide his time and wait for time and chance to right his wrong.
As far as I can tell, whoever released the tape committed what is either termed a tort or a civil offence (the latter is a useful but misleading term for non-criminal misbehaviour of which the courts do not approve and which statute has not criminalised), if he had released the tape--and there is absolutely no suggestion he did.
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