Opinion
Bill would end kids' photos in newspapers, on TV, Web
Open up The Daily News of Newburyport any day of the week and you'll see photos of local kids playing sports, taking part in school plays or community projects, or having fun. It's something you'll find in most community newspapers, but a nanny-state law being pushed by a Newton senator would effectively end all that.
A bill filed by Sen. Cynthia Creem would make it illegal for newspapers, TV stations, Web sites, or anyone else for that matter, to show images of identified kids under 18 without the express written consent of a parent or guardian. If they do happen to show such an image, they would face stiff civil penalties and damages. Even if the parent gives verbal consent, that's simply not good enough.
It's a terrible idea. No doubt it would face First Amendment challenges, but more importantly it would have a chilling effect on how community events involving children are covered by newspapers, local organizations, local cable TV access stations and Web sites.
Speaking for this publication, The Daily News photographs, receives and publishes, many pictures of local kids involved in the community — groups like Cub Scout troops, Brownies, dance studios, sports teams, drama clubs, and any number of kid-orientated events. All of these photos give local kids some recognition for whatever event they are involved in. But under this law, every parent would have to sign a waiver for every photo taken, and they would have to submit it to The Daily News. It would be nearly impossible to do that, and would create bookkeeping and bureaucratic hurdles that The Daily News isn't equipped to handle.
Newspapers aren't the only ones affected by this. Lord help the sports coach who posts a team photo and roster on the Newburyport Pioneer League Web site, or the Brownie troop leader who posts a photo of kids picking up trash, and fails to get the "express written permission" of a parent. Same goes for the local cable community access TV station that films a school play and identifies the cast. Or the high school who posts a photo of the school valedictorian giving the commencement speech. They're all prime targets for a lawsuit. Sounds like payday for lawyers.
This is a ridiculous level of red tape that doesn't need to exist. And there are already protections in place. Most local schools and organizations already ask that parents sign waivers allowing photos of their kids to be taken, and in cases where a child's identity needs to be protected, The Daily News, for one, always honors that request.
This bill went nowhere last year, but it's been refiled before a committee that includes two local lawmakers, state Sens. Steve Baddour and Bruce Tarr. Our local legislators need to file this one in the garbage and keep it there.
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Hurricane Earl put TV in overkill mode
