Audio and video evidence must be recorded under what condition to ensure its validity?

For audio and video evidence to be considered valid in legal proceedings, it is crucial that such evidence is recorded under an oath or affirmation. This requirement serves several critical purposes.

Firstly, it establishes a formalized process in which the individual recording the evidence, or the individuals involved in the recording, affirm the truthfulness and accuracy of the information being captured. This oath or affirmation acts as a safeguard against the manipulation or misrepresentation of the evidence.

Secondly, the requirement for an oath or affirmation contributes to the integrity of the evidence itself, assuring that it was collected in a manner that adheres to legal standards. This is especially important in law enforcement and judicial contexts where the authenticity of evidence can be pivotal to the outcome of a case.

In contrast, simply having witness confirmation, a written transcription, or limiting recording to a digital format does not inherently ensure the validity or trustworthiness of the evidence. These alternatives may enhance the evidence's reliability or accessibility but do not provide the same level of assurance as an oath or affirmation, which addresses the foundational aspect of truthfulness in the evidence gathering process.