Access to Places

This weekend, the Boston Globe published a thoughtful op-ed by Robert Ambrogi on efforts to reform the Massachusetts open meetings law. Ambrogi points out that the current open meetings law does not provide for civil or criminal penalties against government officials who violate the law. The current law enables a court to impose a penalty on an entire board or commission when it violates the law, but taxpayers -- not the individual wrongdoers -- end up paying.

Recently, Democratic Representative Antonio F.D. Cabral of New Bedford introduced a bill that would have given courts the power to impose a civil penalty of up to $500 on individual officials who violate the open meetings law, and Attorney General Martha Coakley also drafted a bill incorporating penalties for individual officials. Oddly, a compromise bill drafted in committee in mid-April eliminated individual penalties and even weakened current law by making it harder to impose a penalty on a full board or commission.

This change is disappointing and difficult to defend. Ambrogi writes:   read more »

This is the fifth in a series of posts calling attention to some of the topics covered in the Citizen Media Legal Guide we began publishing in January. This past month we rolled out the sections on Newsgathering and Privacy, which address the legal and practical issues you may encounter as you gather documents, take photographs or video, and collect other information.

In this post, we highlight the section on Gathering Private Information, which outlines various privacy laws that may limit your ability to gather private information or otherwise intrude into another person's private space.

Gathering Private Information

If you physically enter a private area, photograph or take video of people engaged in private activities in places where they reasonably expect to be private, or in some other other way intrude into a person's privacy (by, for example, opening the person's mail), you could be liable for a violation of what is called "intrusion upon seclusion." If you collect certain personal data, this can also intrude into a person's private affairs. In the newsgathering context, the actual collection of the data could be seen as intrusion if the method you use meets the four general elements for an intrusion claim.   read more »

As an avid baseball fan, I should have been paying closer attention to the recent dispute over Major League Baseball's new restrictions on credentialing journalists who cover MLB games. A nice summary of the dispute on the Reporters Committee for Freedom of the Press' Sidebar Blog awoke me from my slumber.

In a repeat of past efforts by MLB to limit the use of photographs and play-by-play coverage of games, the new 2008 press credentials:

• Limit to seven the number of photographs from each game that may be displayed online;


• Prohibit the use of game photographs as part of a photo gallery;


• Require prior written notice of the intention to display non-text accounts of games;


• Restrict the recording of audio and video from 45 minutes prior to a scheduled game until that game has concluded; and


• Restrict the length of time certain content may be made available or archived online.

Thankfully, the Online News Association, National Press Photographers Association, and others are fighting back. David Ledford, President of the Associated Press Managing Editors Association, took MLB Commissioner Bud Selig to task over the new restrictions:   read more »