NYC Event: Media law for independent journalists

Media Law for Journalists : Workshop and Roundtable - April 26, 2016
Media Law for Journalists : Workshop and Roundtable – April 26, 2016

There’s an interesting workshop being held April 26, 2016, at the New York Times building, focusing on media law for journalists who don’t have a newsroom legal department to depend on.

I don’t know anything about the Media Law Resource Center, who are organizing the workshop, but the event is cheap and includes lunch. The event website says editors and writers from Buzzfeed, Gawker, CNN, and the New York Times, will be there and panels will cover the following topics: How Journalists Get Into Trouble, Newsgathering, Your Relationship with Sources and Understanding the Reporters’ Privilege, Digital Law, Protecting Yourself: Insurance and Lawyers, and a roundtable discussion.

These are topics that are incredibly important, but hard to learn. Even if you studied these topics in journalism school, it’s probably worth spending $15 on a refresher course. These sorts of things can change quickly with new technology and new types of journalism.

Register for the workshop here.

Charges dismissed against Kentucky man who shot down drone for invasion of privacy

A Kentucky man was arrested and charged with criminal mischief and wanton endangerment earlier this year for shooting down a drone with a camera. This week, a judge dismissed all charges against William Merideth, saying that witness testimony corroborated the man’s story that the drone was flying close to his property and family.

Local news station WDRB reports that Meredith claims the drone had hovered near his property six times in one year, including three times in one day. He has a 16-year-old daughter who lays in their yard near a pool, and he was worried that the drone operator was photographing her. After shooting down the drone, there was a confrontation between Meredith and the drone operator. In WDRB’s initial report on the drone shooting, Meredith is quoted saying, “They asked me, ‘Are you the S-O-B that shot my drone?’ and I said, ‘Yes I am,'” he said. “I had my 40 mm Glock on me and they started toward me and I told them, ‘If you cross my sidewalk, there’s gonna be another shooting.'”

Weeks after the initial shooting, Kentucky State Representative Diane St. Onge (R) pre-filed a bill in the legislature that would define and limit drone surveillance. The Electronic Privacy Information Center has a good page collating recent and upcoming legislation around the US regarding the use of drones. For what it’s worth, the FAA warns that shooting a drone can be dangerous and violates laws against shooting at airplanes.

I’ve previously written a bit about drones as they relate to photojournalism, by the way.

And just for the heck of it, here’s a video of a guy saving his drone from the ocean after it lost power mid-flight.

FAA says journalists can’t use drones but can buy drone-created photos/video from hobbyists

In what strikes me as a very strange distinction, the FAA has said this week that journalists and media organizations may not use drones for their newsgathering operations without permission, though they may purchase photos and video from hobbyists that they do not employ.

American journalists and media organizations have been pushing the FAA to rule whether or not they can legally use drones for newsgathering for some time now. In March of last year, a judge ruled that commercial drone use is legal in the US, though the FAA appealed the ruling.

A person who wishes to operate a UAS to take pictures or videos or gather other information that would be sold to media outlets would need an FAA authorization for the operation”FAA, Media Use of UAS, May 5, 2015

Now, in a memorandum issued May 5, 2015 (embedded above), the FAA says using a drone specifically for newsgathering, whether it’s a news organization or a freelancer intending to sell the work to a publication, requires FAA permission as does any other “non-hobby” usage of unmanned aircraft systems (UAS or drones). However, if a hobbyist happens to take pictures or video and a media organization wants to license that work for news purposes, the FAA says that is okay because the flight is considered authorized.

Hopefully, there will be legal challenges to this memorandum. Both a Forbes contributor and Vice Motherboard have more coverage of this memorandum, raising concerns about the restrictions this places on the press. The memo makes me think of last year’s controversy over proposed US National Forest regulations regarding photography on public lands.

On this subject, do yourself a favor and check out Tomas van Houtryve‘s Blue Sky Days project, if for some strange reason you haven’t seen it yet. It’s been widely published and awarded, and for good reason. The project is the most creative and insightful investigation of American drone warfare that I’ve seen. I saw him present the work to a small crowd a couple weeks ago at the Magenta Foundation‘s Flash Forward Festival in Boston. If he’s presenting in your area, his presentations are well worth checking out.