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Mel Gibson is considering suing screenwriter Joe Eszterhas for secretly recording him at his home in Costa Rica, then releasing the audio, according to TMZ.

The actor believes he has a “basic human right” NOT to be secretly recorded in his own home, which is a fair argument … but did Eszterhas break the law?

Certain U.S. states don’t permit a person to be recorded without their knowledge, at least as it pertains to evidence in a criminal case. But this is different.

Mel Gibson Rant (at Joe Eszterhas)

The latest Mel Gibson rant doesn’t implicate him in anything illegal, so he’s looking to build a case, potentially, around Eszterhas’ infringement of his privacy.

Gibson’s attorneys are looking into the laws of Costa Rica to determine if recording laws were violated and, even if they weren’t, if Mel’s right to privacy was.

Mel absolutely explodes in the recording (above) about Eszterhas’ lack of progress with The Maccabees script, yelling “What the f**k have you been doing!?”

Gibson also unloads on Oksana Grigorieva – the target, and source, of his infamous 2010 tapes – calling her a “F**king c**t” and a “c**ksucking whore.”

The actor has acknowledged his inappropriate behavior toward Eszterhas, but believes anyone recorded “at their worst moment” would sound repugnant.

Moreover, it’s unfair to entrap people in their own home.

Eszterhas’ family was in Costa Rica at Mel’s house in December. He was tasked with writing a draft of The Maccabees, which Mel apparently disliked.

The writer’s 15-year-old son, Nick, apparently recorded Mel on his iPhone without his knowledge, then urged his dad to release the audio, which he did.

A source in Gibson’s camp also notes, with skepticism, that Eszterhas has made other allegations against Mel that do not appear in the leaked recording.

Eszterhas claims Mel expressed strong hatred of Jews and is glad John Lennon died, but none of that is on the tape … which is bad, but not that bad.

Stay tuned …