National Press Photographers Association, Inc.
The Society of Professional Photojournalists
Statement delivered to the Mayor’s Office of Film hearing
December 13, 2007

Good morning my name is Mickey Osterreicher. I am General Counsel for the National Press Photographers Association an organization consisting of 10,000 members that was originally founded in 1946 and is dedicated to the advancement of photojournalism, including still photography, videography, film and multi-media. Part of our mission is to “promote a better understanding of the photojournalists’ problems” and “support legislation favorable to, and oppose legislation unfavorable or prejudicial to photojournalists.”

I appreciate the opportunity to testify regarding the NPPA’s concerns about the proposed film permit rules, which were published on October 29, 2007 in the City Record. While I am here today in my official capacity I would like the Mayor’s Office of Film Theater and Broadcasting (MOFTB) to note that I was a photojournalist for thirty years shooting stills as a staff photographer for a major daily newspaper and video for an ABC affiliate. My work has appeared in such publications as the New York Times and the Daily News as well as in Time and Newsweek. It has also been seen on ABC, NBC and ESPN. During my career I have covered scores of stories in New York.

Having reviewed your proposed rulemaking from this past summer the NPPA wishes to commend the MOFTB for withdrawing those original proposed rules and for revising them using a more commonsense approach to photography in New York. In addition we are happy that you have chosen to retain the language in Section 9-01(b)(2)(ii) which excludes the “[f]ilming or photography of a parade, rally, protest, or demonstration except when using vehicles or equipment” from the permitting requirements. NPPA is satisfied that the new proposed rules permitting photography using hand-held devices are broad enough to allow photojournalists to do their job without interference and now are based upon street access/obstruction rather than upon time on location and number of people involved.

We do, however, worry that the language referring to “cables or any other item or equipment not carried by the photographer or filmmaker at all times during the course of photography, filming or transmission” may impede live news broadcasting. With regard to the language of Section 9-01(c) which refers to activity authorized by a press pass issued by the New York City Police Department; we believe that the pertinent language should be replaced by the following: “where an individual is acting in furtherance of the activity authorized by a valid press credential issued by any federal, state or municipal agency or department authorized to issue said credential and is engaged in filming as defined in these rules, that individual shall be exempted from the permitting requirements.”

Given that New York is the center of so much news, sports and entertainment it is only logical that at any given moment there are media from around the world in the City to cover those newsworthy events. Therefore, only recognizing an NYPD press pass for purposes of exempting the bearers of those credentials from the permitting requirements places an unfair burden on a much larger segment of the news media who do not have said NYPD credentials.

The NPPA believes that these newly proposed rules mark a significant improvement over the previous ones by exempting all photography and filming that involves the use of handheld devices and tripods from the permitting and insurance requirements based on a finding that such activities do not obstruct substantial portions of public space.
While the City has a rational basis in maintaining pubic safety and the accessibility of its streets and sidewalks the NPPA asserts that photojournalists have a clear First Amendment right to gather news subject to reasonable time, place and manner restrictions.
We believe that these newly proposed rules strike and appropriate balance between those two interests. We do however have concerns that any such rules may lead to confusion in enforcement and compliance once promulgated.

We are concerned about selective enforcement and abuse of discretion by police officers who may not be familiar with the specific requirements and exceptions to these rules. Therefore, we would respectfully suggest that as part of any such rulemaking that the MOFTB also includes a training program for law enforcement officers that will also provide them with simple instructional materials so as to minimize any misunderstandings and misapplication of the final rules.

As the MOFTB may be aware in 2004, the MTA proposed a ban on photography and videotaping on buses and subways as a terrorism-prevention measure. The NPPA strenuously opposed those rules and ultimately the MTA withdrew them. Unfortunately just last week the NYCLU filed suit against the NYPD after one of its officers allegedly detained and handcuffed a graduate student who was taking photographs at a subway station. The NPPA believes that it is in everyone’s best interest to avoid this type of situation and we would hope that there is a genuine willingness on the part of the MOFTB, the NYPD and in particular the DCPI, who deal directly with the press to prophylactically address these issues.

I appreciate the opportunity to represent NPPA before you today. Thank you.