Photojournalism and law

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  • 1.and Photojournalism THE LAW John Long (1989), of the Hartford Courant and former president of the NPPA, wrote: Each day when you step out onto the street, remember that you have been granted a sacred trust to be truthful. You have the responsibility to produce only honest images. You have no right to set up pictures; you have no right to stage the news; you have no right to distort the facts. Your fellow citizens trust you. If you destroy the credibility of your work, even in small ways, it destroys the credibility of your newspaper or TV station in the eyes of the people you are covering.

2. QUESTIONS TO THINK ABOUT The National Press Photographers Association Code of Ethics states that the primary goal of the photojournalist is the ...faithful and comprehensive depiction of the subject at hand. Can you pose a news photo? Can you alter it? Are the results of these actions faithful and comprehensive? Should a war photographer put down his camera in order to help an injured soldier? If someone asks not to be photographed, is it ethical to photograph that person anyway? 3. 6 ETHICAL PHILOSOPHIES The Categorical Imperative is a distilled version of Kants notion that what is acceptable for a single person should be acceptable for everyone, almost like a theoretical nondiscrimination clause. For example, suppose a newspaper editor is trying to decide whether to publish an image of a partially nude young woman fleeing a house fire. That editor should consider whether he would publish the image under different circumstances - if the subject was male, or elderly, or obese. The Categorical imperative says that what goes for one should go for everyone. 4. ETHICAL PHILOSOPHIES Utilitarianism as a philosophy attempts to weigh positives and negatives of a situation, and maximize the good for the greatest number of people. For example, if gruesome photos of a car crash offend the victims families, but shock the community into driving safely, then by Utilitarianism the taking and publication of those photos is deemed to be ethical. 5. ETHICAL PHILOSOPHIES Hedonism represents the do what feels good school of thought, and might be used to justify printing explicit photos simply because they are titillating. Publishing a provocative front page photo simply for the sake of selling newspapers would be an example of hedonism. 6. ETHICAL PHILOSOPHIES The Golden Mean philosophy concerns compromise. If there is a less intrusive, offensive, or disagreeable photo that still tells the story, that is the better option. The emphasis is on finding middle ground rather than an all-or-nothing approach. 7. ETHICAL PHILOSOPHIES The Veil of Ignorance asks the photographer or editor to consider how they would feel if they were the subject. If they would not feel good in the subjects place, it would be better to look for a different image. 8. ETHICAL PHILOSOPHIES The Golden Rule is sometimes phrased love thy neighbor as thyself. As an ethical philosophy it requires that a photographer or editor treat his subjects as he would treat himself. This, of course, leaves decisions subject to the photographers, editors, or institutions ethics. 9. Nick Uts Napalm Girl photograph, for which he won the Pulitzer Prize in 1972, is not only a shocking indictment of Americas war effort, it contains full frontal nudity of a minor. The ultimate decision to print the photo on the front page of The New York Times must not have been easy. Editors at The Times chose to sacrifice the girls privacy, and perhaps to offend their readers in order to present an unflinching picture of the conflict and ultimately to serve the greater good. 10. PRIVACY AND PHOTOJOURNALISM United States law gives subjects of photography some rights as it relates to areas of privacy and security. Trespassing. This means being on private property without authorization. Photojournalists need to be careful about going under fences, through doors and generally into areas likely designated as private. If a facility is open to the public, a photojournalist can go into it for its designated purpose. That means you can go into a shopping mall, hospital, school, restaurant or store. BUT you cant take picturesbecause thats not its designated purpose. You must seek out permission. 11. GETTING ARRESTED Many of us have read stories of photojournalists getting arrested for trespassing, interfering with police, or somehow becoming involved in a protest gone violent. In the United States, however, the law allows fairly wide latitude. News photographer usually have the legal right to take photos in a public placewhether or not they do it ethically. Note ethics and law are two separate things! 12. PRIVACY AND LAW ENFORCEMENT Trespassing laws apply even if a photojournalist accompanies law enforcement. For example, you may have permission to ride along with a police party patrol going to bust minors for underage drinking. But if you take photos of people drinking on private property, you risk a lawsuit. Allowing photojournalists to accompany law enforcement has become less common as the lawsuit risk has increased. 13. GOVERNMENT PLACES AND OFFICIALS Generally photojournalists are attracted to the same events that attract law enforcement: accidents, fires, arrests, riots, disasters. But law enforcement people arent generally enthusiastic about having photojournalists at these events. One common trick it to arrest the photojournalist temporarily, drop charges a few days later, when its too late to cover the story. If you have a good relationship with law enforcement, and approach an event with tact and persuasion, you may get a better outcome. 14. LAW ENFORCEMENT Some photojournalists try to get to an event before law enforcement, knowing theyll be kicked out as soon as police arrive. This leads to those lamentable episodes of photojournalists insensitively snapping away after an accident or disaster. But photojournalists know they must come back with the pictures, or risk wrath of the editor. And they also know their readers do actually look at those pictures. 15. YOUR RIGHTS TO THE SIDEWALK Legally a photojournalist has the right to stand in a public place, say, the public sidewalk, and take photos. But the police can arrest you anyway, on a charge of disorderly conduct, if they dont want you to take pictures. In other words, they can keep you away from an event for pretty much any reason they want. Note: laws that apply to photojournalists also apply to the public with smartphones. 16. PUBLIC BUILDINGS Regarding federally owned buildings, generally you are free to photograph in the pubic areas, unless told its specifically off limits. The Postal Service allows photography in lobbies and public areas. Schools depend on state law. If pupils are under 18, its a tricky area. Even if you stand on a public sidewalk photographing children, you may be legally entitled, but you may be questioned by parents or school officials. The public spaces within universities generally are legally open to photojournalists. The classrooms, residence halls and labs generally arent. 17. COURTROOMS Photography in the courtroom has been a matter of extensive debate in the United States Currently its left up to the states or judges to decide. Its closely controlled in most instances. You cant just walk around taking pictures. 18. PICTURES ON THE STREETS On the streets, the sidewalks, the parks and other public places, you usually have the legal right to take pictures. These are the areas legally safest for photojournalism. If you are doing something on the public streets and related areas, by U.S. law you are accepting the possibility of being photographed. 19. THE STREETS AND ETHICS Even though a photojournalist is legally permitted to take pictures in public areas, is he or she ethically permitted? This is one reason editors require photographers to get identification: it implies the subject is all right with being photographed. Editors dont want to hear from irate people complaining of being photographed, even if it is legal. What is the person is an accident victim, or in an embarrassing situation? Usually photographing them in public still is considered legal, though it may be unethical. 20. INVASION OF PRIVACY Trespassing is one area of the law applicable to photojournalism. So is invasion of privacy. Privacy law includes these areas most applicable to photojournalism: Appropriation of an image for another use. Photojournalists have fairly wide legal ability to use an image in a news publication. But they cant use that image for another purpose. For example, they cant use it in an advertisement or promotional campaign. They also cant Photoshop several images together to produce a composite without permission of the subject. 21. MODEL RELEASE If a photographer wants to use an image for promotion or advertising, he or she needs written permission. This written permission usually is a standard form called a model release. The more specifically a model release describes possible uses for an image, the less it protects the photographer, but the better it protects for that specific usage. Children (under 18) cant legally sign a model release. It must be signed by parent or guardian. 22. A TYPICAL MODEL RELEASE Here is a typical short model release (From New York Institute of Photography): Model Release In exchange for consideration received, I hereby give permission to ______ to use my name and photographic likeness in all forms and media for advertising, trade, and any other lawful purposes. Print Name: Signature: Date: If model is under 18: I, _____, am the parent/legal guardian of the individual named above, I have read this r