Sure…if she wants to get sued for distributing illegal recordings. The crime was taking them and violating his privacy.
As for MB, well, I think he’s allowed to release them if he wants. The recordings are of him after all and he can share what he said privately to someone else any time he wants. One of the lawyers can weigh in more.
Oh, and I’m not sure I’d count on anything being stylized as fictional in any way either…I’m sure there is a lot we didn’t see.