NOTE: The BRN suit comes even as NYC has begun addressing numerous complaints from members of the working press about its press credentialing requirements and mechanisms. See follow-on story for details.
June 14th, 2010 - From PRNewswire
NEW YORK -- Black Radio Network (BRN) and its principals today filed suit in New York Federal District Court, charging the New York Police Department violated the minority news service's civil rights by denying the renewal of its working press credentials.
BRN had been fully accredited by the NYPD for the past 40 years while serving radio stations with daily newsfeeds. It is the nation's oldest such minority news service.
"It appears the standard now used by the NYPD to deny the vital press credentials of Black Radio Network differs from the standard applied to non-minority oriented media," declared BRN attorney Earl Ward.
"The facts speak for themselves," said Ward. "We have waited more than a year to have our credentials renewed so that we can cover New York news, in our own style, on a equal footing with other media companies," said BRN president and news director Jay Levy.
"We have held up the worldwide distribution of our daily Minority News report at blackradionetwork.com until such time as we gain the renewal of our working press credentials by the NYPD," said Levy.
"In my more than 50 years in the New York news business, I never witnessed such discriminatory treatment by the NYPD," observed the BRN official.
Contact: Earl Ward at 212-763-5070; Jay Levy at 212-686-6850
Press Club In Forefront Opposing New NYPD Credentialing Rules
April 7th, 2010 - Special to the New York Press Club
Organizations representing journalists and photographers expressed near total disapproval for proposed changes in the rules used by the NYPD to issue press credentials.
The New York Press Club, the New York Press Photographers Association, and the National Press Photographers Association took issue with the proposed changes at a hearing April 7, hosted by the NYPD and the New York City Law Department.
The groups, as well as individual journalists, photogs and representatives of media companies, said the new regulations were vague, complicated and did not reflect the best interests of working journalists.
What seemed like the only positive note was NYPD's willingness to include journalists from online media such as blogs, websites and digital video outlets as now being eligible for press credentials.
(Exclusion of those "unaffiliated" journalists was at the heart of a lawsuit filed three years ago that challenged the constitutionality of NYPD's credentialing process).
» Three types of credentials will be issued: a Press Card, Reserve Card, and a Single Event Card.
» Press Identification Cards will be eliminated.
» New press cards will be issued every two years.
» Applicants must demonstrate that they have covered six news events where access has been restricted by the City within the two-year period preceding that application.
» Establishment of time frames for granting or denying applications, and formalizing hearings and appeals concerning denials or revocations.
ACCESS AND COOPERATION
A particular bone of contention expressed by journalists’ groups at the hearing had to do with actual access to news events.
The New York Press Club maintained that whatever the shape or color of the press pass, however often it is issued, whichever new/old media the bearer represents, in reality, police officers too often limit or deny access at crime scenes, fires or emergency situations.
"The credential is too frequently about as useful, about as helpful, about as accepted as an old metal subway token, or a toothless comb," said New York Press Club board member, Philip O’Brien.
He commented that the working press card has evolved into what amounts to a universal identification for journalists.
"Sadly," O’Brien added, "it’s more valuable and more respected by people outside of the NYPD."
High-ranking representatives of NYPD and the city's Law Department refused to answer questions about the new rules. Among them:
* Will any language now on press cards be changed, altered, removed or relocated on the card?
* How does an applicant prove s/he’s been prevented from covering six or more breaking news, emergencies or public events because s/he didn’t have a pass?
ACCOUNTABILITY
The New York Press Club told the panel that its board of directors had unanimously agreed to set up a committee of journalists to closely monitor any new application process, and to require from the NYPD an annual report specifically outlining how many persons applied for press credentials, which of those applications were denied, and why.
The Club also publicly called for the elimination of the requirement that journalists who live in the five boroughs have NYPD credentials as part of the application for NYP automobile license plates.
Only New York City resident journalists must produce a working press card issued by NYPD in order to obtain press plates. Journalists in upstate New York, New Jersey, and Connecticut need only provide a letter from their editor or news director attesting to their need for the plates.
"LICENSED" JOURNALISM?
The Club suggested doing away altogether with NYPD press passes. While that is not a likely option, it is one that high-ranking officials of the NYPD and the office of DCPI privately embrace.
The press credential process is a bureaucratic burden for NYPD that costs money, manpower and even good will. The Club also expressed the sentiment that a press pass strongly suggests a kind of license because it is approved, designed and issued by a government agency.
Nearly every media company requires employees to carry – and display – a company ID, that shows the bearer’s name, photo, title and division. These credentials could suffice as proper affiliation in the field for journalists covering breaking or emergency news.
NYP plates would still be available to those who are eligible.
The NYPD could not say when the new rules would go into effect. Testimony at the hearing, they said, would be taken under consideration.
Press Club President Glenn Schuck said the Club is prepared "if we feel it necessary, to initiate or to join in lawsuits to overturn or at least to improve these new rules if they prove harmful to our profession."
The New York Press Club encourages any member who wants to comment on the proposed rule changes to write to the New York Police Department Legal Bureau, 1 Police Plaza, Room 1406, New York, N.Y. 10038.
A report on the January 19th, 2010, appearance by Commissioner Ray Kelly, as part of the New York Press Club's "An Evening With..." series.
By Mark F. Bonner
New York Police Commissioner Ray Kelly said that if he had his way the police department would have nothing to do with issuing credentials or parking placards to news reporters.
“We don’t need the hassle,” Kelly explained during his Jan. 19 New York Press Club appearance. “I don’t know if that’s what you want. You need to think that through as an industry because, frankly, we have better things to do.”(Note: for more on the credentialing issue see story, below).
The statements came after a series of questions from reporters who complained of hostile and uninformed public information police officers and what is perceived by some as "unfairness" in the issuance of press credentials.
Many reporters who questioned Kelly told him of their problems with NYPD’s Office of the Deputy Commissioner, Public Information — otherwise known as DCPI. An oft repeated complaint was that the office is slow to respond during breaking stories with information that NYPD might fairly be expected to know.
One reporter said there have been repeated instances of never hearing back from DCPI officers. Kelly said he would look into specific complaints, but also said he thought reporters at times have unrealistic expectations when it comes to information.
“You have to give us time to get the story,” Kelly said. “Reporters always think we have the whole picture right away. We don’t. It takes time to get accurate information.”
On the subject of certain news organizations being denied press credentials, Kelly said the department often has trouble identifying which news outlets are legitimate and which ones are just would-be news gatherers. And given the large size of New York’s media pool, Kelly said, his officers have to be vigilant when protecting a crime scene or any other event involving the police.
The commissioner said the process of credentialing is a considerable challenge because his officers must also contend with counterfeiting and the improper duplication of credentials.
One reporter with 35 years in radio said he recently went to work for a Web site but couldn’t transfer press credentials from his old job. His venue changed; not his experience, he said. Why couldn't he get proper credentials?
“We recognize that everything is moving to the web,” Kelly said. “It’s difficult for us to discern who is an amateur blogger and who is in the business. As the Internet continues to emerge this will work itself out.”
Responding to allegations of verbal and physical abuse from DCPI officers towards reporters, Kelly advised listeners to report such incidents immediately. He declined to comment further unless someone brought up a specific incident. No one did.
“We’re dealing with the human equation,” Kelly said. “Cops are not perfect. Reporters are not perfect. I know this is hard to believe, but not all cops love reporters.”
WCBS Newsrario 880 News Director Tim Scheld suggested to Kelly that the police and media come together to discuss their issues in a roundtable setting, exchanging information regarding the challenges each side faces on a daily basis.
“Often times, I don’t think [the police] understand what we as reporters have to go through on a daily basis,” Scheld said. “And I’m sure it goes both ways. We might not understand what the police are facing.”
Kelly agreed, but warned that for such a meeting to take place there would have to be “sensitivity on both sides.”
In the end, Stan Brooks of WINS 1010-AM said issues between the media and the NYPD have gone on for decades. And every so often both sides need a refresher course on relations.
“I think we got our message across tonight,” Brooks said. “I mean we’re not out there everyday to crucify people; we’re out there to report the facts.”
Originally from New Orleans, Mark Bonner is a writer and editor based in New York City. His work has appeared in the New Orleans Times-Picayune, the Baton Rouge Advocate, the Jackson Clarion-Ledger and on the New York Press Club Web site. He is currently the blog editor for Graphis, the international journal of visual communications.
Press Release from the Mayor's Office, March 23, 2009 (abridged)
MAYOR MICHAEL R. BLOOMBERG ANNOUNCES NEW STEPS TO HELP FREELANCERS WORK IN NEW YORK CITY IN SPEECH TO ECONOMIC CLUB OF NEW YORK
Through New Partnership with Freelancers Union, City will Work to Establish New Unemployment Safety Net for Independent Workers, Identify Office Space, and Persuade Albany to Reduce or Eliminate the Unincorporated Business Tax.
“Since the markets crashed last fall, we’ve been expanding our job training efforts by keeping our Workforce1 Career Centers open on nights and weekends. Back in 2004, those centers were placing 500 New Yorkers in jobs per year. Last year, even with the downturn, the Centers placed more than 17,000 New Yorkers in jobs, and we’re aiming for 20,000 placements in 2009.
“We also want to increase entrepreneurialism in the City. After all, losing a job can be a golden opportunity to start your own business. (Thank you very much, Salomon Brothers.)
“Earlier this morning, we launched our latest entrepreneurial initiative, called the FastTrac New Venture Program. It’s a partnership with the Kauffman Foundation to provide training to aspiring entrepreneurs and recently laid-off workers who are interested in starting their own businesses. Increasing the number of entrepreneurs will not only create new jobs; it will help create the companies that – when the good times return – will be ready to capitalize on new opportunities.
“We also want to give people more incentive to work – and for many who are laid off, that can mean self-employment or freelance work. These independent workers make up more than 15 percent of our workforce – often supporting our signature industries, such as design, publishing, and fashion. As many larger companies shed jobs and industries go through a fundamental restructuring, even more people are turning to freelance work – and there’s nothing like being your own boss.
“But freelancers, who are often middle-class entrepreneurs, have never had much political clout, and so they face some serious disadvantages when it comes to taxes and benefits.
“I think it’s time to start leveling the playing field for freelancers, and today, I’m pleased to announce that we’ll be forming a new partnership with the Freelancers Union to begin addressing these long-standing problems.
“Problem number one is that New York State has an Unincorporated Business Tax that double-taxes independent contractors and sole proprietors. We’re pushing to reduce or eliminate that tax for 17,000 businesses. That would let them keep more of their hard-earned money – and it would encourage more people to do freelance work… which is exactly the kind of economic activity that can end up creating jobs and stimulating growth.
“Freelancers also lack any safety net to fall back on during hard times. If a company lays you off, you can collect unemployment. But if you’re a freelancer and you lose all your clients, good luck. That’s not healthy for workers and their families – and it’s not healthy for our economy.
“And so today, I’m pleased to announce that we will be working with the Freelancers Union to develop a proposal that would create a federal unemployment benefit for independent workers. One way this could work is to create a fund that workers would contribute to and that would also offer freelancers some level of tax benefits.
“Our new partnership with the Freelancers Union will also work to create more affordable office space. In January, we launched an initiative to create new incubator space for aspiring entrepreneurs – because overhead is often one of the major obstacles to growth. In the months ahead, we’ll work with the union to find space specifically for freelancers – and we’ll help them market the benefit to their members.
“I know the union’s president, Sara Horowitz, is here with us today, and Sara, we look forward to working closely with you and other leaders to make New York City as freelance-friendly as possible.
Members Urged to Contact Senators
To Resurrect "Shield Law" - S. 2035
BILL STATUS:
Contact Your Senator:
Because of security procedures on Capitol Hill, delivery of regular mail often takes more than two weeks to reach congressional offices. E-mail is now preferred as a means of registering your opinion on pending matters.
NEW YORK
Kirsten Gillibrand Phone: (212) 688-6262 | E-mail.
Charles Schumer Phone: (202) 224-6542 | E-mail.
NEW JERSEY
Robert Menendez Phone: (202) 224-4744 | E-mail.
Frank Lautenberg Phone: (202) 224-3224 | E-mail.
CONNECTICUT
Christopher Dodd Phone: (202) 224-2823 | E-mail.
Joe Lieberman Phone: (202) 224-4041 | E-mail.
Stalled last Summer on a failed cloture vote, S. 2035 ("Free Flow of Information Act") has taken a back seat to the numerous economic crisis and health care debates that have been occupying Washington so far this term.
The New York Press Club is nevertheless urging members to contact their senators to encourage revival ofthe bill.
Besides the cloture attempt which failed by 9 votes, no action has been taken since the bill was voted out of committee in October of 2007 (15-2).
The measure is sponsored by (among others) Senators Arlen Specter (R-Pa), Charles Schumer (D-NY), Richard Lugar (R-IN), Christopher Dodd (D-CT), Patrick Leahy (D-Vt.) and Lindsey Graham (R-SC).
The bill establishes a federal privilege for reporters to protect and encourage the free flow of information between journalists and confidential sources. It seeks to reconcile reporters' need to maintain confidentiality, in order to ensure that sources will speak openly and freely, with the public's right to effective law enforcement and fair trials.
In order to balance these competing interests, this bill creates a qualified privilege for reporters to withhold information they obtain under a promise of confidentiality. It ensures that a federal court can only force a journalist to reveal confidential source information where the information is truly critical to a case or investigation. It also requires the party seeking a reporter's confidential information to exhaust all reasonable alternative sources before turning to the media.
The bill also contains exceptions to the privilege for those situations where information sharing is critical. A reporter may not withhold his source information where it is needed to prevent a terrorist attack, significant harm to our national security, death, kidnapping, or substantial bodily harm.
Journalists who witness crimes also cannot refuse to share their eyewitness observations.
The House passed its verison of a Shield Law, 398 to 21.
From Mark Briggs, Assistant Managing Editor for Interactive News at The News Tribune in Tacoma, WA, whose blog, Journalism 2.0, is a 'must read'.
We have decades and decades invested in doing things based on old rules. Now, the rules have changed, and newsrooms need to change as well. We need new attitudes and new cultures. This will only happen if individual journalists put forward the effort to change their minds about what their jobs are and how they do them. Here are twelve things journalists can do to help us recreate journalism for the 21st Century.
Become a blogger
By this, I don't necessarily mean "start a blog," but that is never a bad idea. More importantly, become an avid blog reader. Blogs should be a daily routine for every dedicated journalist. They should read every blog related to their beats. They should read blogs about their own interests and hobbies. They should read blogs about their profession. To get blogging is to get how things have changed.
Become a producer
Pick up a digital recorder, a point-and-shoot camera or a video camera and start producing content beyond text. Do this as part of your job, fine, or do it on your personal time. The goal is to understand DIY. Post stuff on YouTube, Flickr or any number of other UGC sites.
Participate
As you read blogs, leave comments. If your newspaper.com has comments on stories, read the comments and add your own. Become known as somebody who converses on the Internet.
Build a web site
It will greatly expand your mind about how the web works if you go a bit beyond just setting up an account on Blogger or WordPress. Learn a little HTML. Better yet, learn some PHP, Cold Fusion, JavaScript or other web development language. You should own your own domain, anyway.
Become web literate
You should know what Flash is, and how it differs from AJAX. You should know the meaning of things like HTML, RSS, XML, IP, HTTP and FTP. You should understand at least how people use applications and tools to build web sites. You should know the potential and the limitations of each.
Use RSS
You need an RSS reader and lots of RSS feeds to consume. This will help you better understand distributed media.
Shop online
Part of your goal is to become immersed in the digital lifestyle. You will learn stuff about the digital life if you shop on Amazon, Ebay and other ecommerce sites. As you do, think about how these sites work and why they're set up as they are.
Buy mobile devices
Get a video iPod. Get a smart phone (an iPhone, Treo, Helio Ocean or Nokia N-series are all good places to start). Learn about distributed, take-it with-you-anywhere content. Buy a laptop and tap into some free wi-fi while you're out and about. Learn what digital life is like when you're not shackled to a desktop machine.
Become an avid consumer of digital content
Watch videos on YouTube. Download video and audio podcasts (take them with you on your iPod). Visit the best newspaper sites in the world and watch what they're doing. Turn on your TV less and your computer more.
Be a learner
Technology and culture is changing fast. You can't keep up unless you're dedicated to learning. I love this quote from Eric Hoffer because it is so appropriate to what our industry is going through now: "In a time of drastic change it is the learners who inherit the future. The learned usually find themselves beautifully equipped to live in a world that no longer exists."
Talk about what you're learning with your co-workers.
Be a change agent
Get other journalists excited about the new digital communication/media tools.
Don't wait
...for a boss to tell you to become a learner and an explorer. Your job is just where you collect your paycheck. You career is what you do. Your boss isn't responsible for your career. You are. Solely. Don't wait on others to make changes. Start making changes now for your own benefit. It's great if your employer benefits from your growth, but you will benefit more.
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