The New England First Amendment Coalition expressed its opposition today to a Rhode Island bill that could potentially criminalize common newsgathering practices.
H 5655 expands the definition of harassment in the state’s anti-stalking statute to include:
“a knowing and willful course of conduct directed at a specific person that a reasonable person would consider seriously annoying or seriously tormenting and that serves no legitimate purpose and includes, but is not limited to, the act or acts of repeatedly following someone and using an electronic device to record their movements in any public or private place.” (emphasis added.)
NEFAC and the Rhode Island Press Association explained in a May 16 letter to lawmakers that:
“Journalists routinely follow newsworthy individuals — particularly government officials — in public with cameras or other electronic recording devices. Approaching these individuals in this manner is often the only way to ask important questions and seek accountability that would otherwise be evaded. It is also a practice protected by the First Amendment.”
A 2017 study found that while instances of journalists being charged under harassment or stalking laws are uncommon, there are several examples of when reporters were forced to defend themselves nevertheless. The study examined the shortcomings of the laws that allowed journalists to be prosecuted and described deficiencies similar to those in H 5655.
Those deficiencies include:
• Not carving out an exception for “newsgathering” and instead relying on courts to determine what are bona fide journalism practices.
• Including in the law a “legitimate purpose” exception but not clearly defining those activities that should be considered “legitimate.”
Another shortcoming of H 5655 is the use of “seriously annoying” to, in part, legally define harassment in the state’s anti-stalking law. The current law requires substantial emotional distress or a reasonable fear of bodily injury, a standard that would likely prevent journalists from being wrongfully prosecuted for doing their job. H 5655, however, lowers that bar considerably.
“One can easily imagine how often public figures consider regular scrutiny and press presence to be an annoyance,” NEFAC and RIPA wrote. “Without the higher bar that currently exists, this bill would allow those individuals to respond to such annoyance with criminal charges. Journalists would bear the burden of defending themselves in court or avoid confrontational interviews altogether for fear of prosecution. Both scenarios are a threat to the free press.”
NEFAC is the region’s leading defender of First Amendment freedoms and the public’s right to know about government. Learn more about the coalition’s advocacy here.
NEFAC was formed in 2006 to advance and protect the Five Freedoms of the First Amendment, including the principle of the public’s right to know. We’re a broad-based organization of people who believe in the power of an informed democratic society. Our members include lawyers, journalists, historians, academics and private citizens.
Our coalition is funded through contributions made by those who value the First Amendment and who strive to keep government accountable. Please make a donation here.
NEFAC is supported by the Estate of Gloria L. Negri. Additional funding is provided by Leadership Circle donors including the Rhode Island Foundation, The Boston Globe, Paul and Ann Sagan, and the Robertson Foundation. Major Supporters of NEFAC’s work are Hearst Connecticut Media Group, Boston University, the Academy of New England Journalists, Northeastern University and WCVB-Boston.