New York Penal Law Offenses Against Public Order aka Harassment of Photojournalists
July 12, 2009 | Filed Under Legal Issues
I was curious if the law provided a statute that covered the harassment of photojournalists. Quite often a celebrity will hire a security team, either paid for out of pocket or by the production they are involved with, to enforce a zone of privacy around the celebrity. At the behest of the celebrity, the security team is required to create a human wall that hides or partially shields the celebrity from having their photograph taken. That’s acceptable, if the celebrity feels compelled to protect the monetization of their image in public spaces in whatever way possible.
What’s unacceptable is the security team being deployed to harass the photojournalist, apart from the celebrity, in order to physically prevent that celebrity’s picture from being taken in a public space. Security does not, according to New York Penal Code, have a right to harass the photojournalist, particularly when it involves “following such a person in or about a public space”.
I visited “The Bounty” film set yesterday in order to photograph Jennifer Aniston walking from her trailer to the New York Daily News’ building located at 450 West 33rd Street at 10th Avenue in New York City. Jennifer’s trailer was parked on the south side of 33rd Street, west of 10th Avenue. The Daily News building is located on the East side of 10th Avenue, so Jennifer was required to walk across the street to reach the film set inside the Daily News Building.
I parked my bike and stood on the Southwest corner of 33rd Street and 10th Avenue, waiting for Jennifer to either get in her car and being transported to the film set or see if she walked to set. Within five minutes, a large security team member walked up and stood within two feet of me. Why? So when Jennifer came out of her trailer he could proceed to stand in front of me in order to prevent me from taking a picture of her. Well, my friend, according to New York Penal Code, this is harassment in the first degree. You do not have a right to “intentionally and repeatedly harasses another person by following such person in or about a public place”.
So do me a favor, security team, protect your client but DO NOT HARASS me. You can stand around your client and create a wall of privacy to your heart’s content. But you do not have a right to use part of your security team to stand in front of me or use any other tactics that prevent me from taking pictures in public spaces. It’s harassment by law, and since we still live in a democracy, I respect you will follow the law. My rights do not end because your client is engaged in a for-profit venture in a public space. Head to the studio backlot if you can’t respect the law of photojournalists in public spaces.
Section 240.25 Harassment in the first degree
A person is guilty of harassment in the first degree when he or she intentionally and repeatedly harasses another person by following such person in or about a public place or places or by engaging in a course of conduct or by repeatedly committing acts which places such person in reasonable fear of physical injury.
Section 240.26 Harassment in the second degree
A person is guilty of harassment in the second degree when, with intent to harass, annoy or alarm another person:
- He or she strikes, shoves, kicks or otherwise subjects such other person to physical contact, or attempts or threatens to do the same; or
- He or she follows a person in or about a public place or places; or
- He or she engages in a course of conduct or repeatedly commits acts which alarm or seriously annoy such other person and which serve no legitimate purpose.