57th GRAMMY Awards - Show (Photo : Getty Images)
Kim Kardashian was apparently bluffing when she said that she has a video of Taylor Swift approving the lyric “I made that bitch famous,” even if the reality star had released a video on Sunday night on her Snapchat.
A legal expert said that the turn of events could lead to a major legal battle between Swift on one hand, and Kanye West and Kim Kardashian on the other hand. For releasing the recording of West’s conversation with Swift – even minus the alleged approval by Swift of the controversial lyric – because the singer was unaware their conversation was being recorded, West and Kardashian breached California’s law on eavesdropping, noted E! News.
The entertainment website pointed out it could lead to the couple losing Twitter followers and a lot of money. Troy Slaten, legal expert and criminal defense lawyer, explained that "California is a two-party consent state, which means that any recording of a telephone conversation needs to have consent of both parties. If Swift didn't know she was being recorded then that in and of itself is a crime."
The legal liability is not limited to West but could also hit Kardashian because the eavesdropping statute said it is a criminal offense to record the recording of an illegal conversation. As a wobbler, it is the prosecutor who has the power to determine if he will charge the couple as a felony of a misdemeanor.
Misdemeanor could land the two in a county jail for one year and a fine of $2,500, while a felony could result in a three-year state prison sentence, plus $2,500 fine on first offense and $10,000 fine on second offense, added Slaten.
The law expert said that the penal code for that type of crime allows the victim to seek damages in a civil court for three times the amount of damage. Swift then could file a lawsuit under the statute, add defamation and intentional infliction of emotional distress.
In the transcript of their conversation that US Magazine published, the closest line that Swift had about giving approval was: “I mean go with whatever line you think is better. It’s obviously very tongue-in-cheek either way. … And I really appreciate you telling me about it, that's really nice.” During the entire conversation, there was no mention of the controversial lyric.
