Revised Rules Coming on Filmmaking and Photography, After Uproar

Revised Rules Coming on Filmmaking and Photography, After Uproar

By Sewell Chan

After an outcry from videographers, filmmakers and still photographers — including a satirical rap video and an online protest petition that has gathered more than 20,000 signatures — the Mayor’s Office of Film, Theater and Broadcasting announced this afternoon that it would “redraft” proposed rules that would have restricted how images can be recorded in New York City, one of the most filmed and photographed places on the planet.

The rules would have required any two people filming or taking photographs at a single site on public property for more than 30 minutes to obtain a permit. The same rules would have applied to a crew of five or more people with a tripod spending more than 10 minutes at a site.

Katherine Oliver, the commissioner of the film office, said the rules would be revised based on feedback the office has received over the past two months. A period for public comment, which was scheduled to end today, will be reopened for another 30-day period after the redrafted rules are published.

The city appears to be modifying its position — if not backing down entirely — as a result of a settlement from a recent lawsuit brought by the New York Civil Liberties Union. The civil liberties group had threatened to a file a new suit over the proposed rules. (See the text of the proposal as a PDF.)

The mayor’s film office said in a statement:

By reflecting existing procedures in city rules, M.O.F.T.B. has endeavored to meet the challenge of identifying a threshold level of activity which necessitates a film permit, while at the same time substantially mirroring its current practices. The goal is to maintain a safe environment for the public, while balancing the needs of filmmakers whose work may have a significant impact on pedestrian or vehicular use of public space.

Colin Moynihan examined the issue in an article in The Times last week.

The film office maintained today that the proposed rules were “designed to codify procedures that have existed in practice since the office was established in 1966 as the first film commission in any locality in the nation.” The office has always issued free permits “requiring only liability insurance under certain circumstances,” along with police assistance, if necessary.

Even though the permits are free, however, some filmmakers, photographers and videographers believed the rules would impinge on their First Amendment rights. Others raised concerns about the city tracking their activities or movements.

Donna Lieberman, executive director of the New York Civil Liberties Union, said this afternoon:

This is a welcome first step and a marked departure from the city’s previous refusal to adopt a permit scheme that comports with the First Amendment. For too long the city has had an tin ear for the First Amendment. Now with the proliferation of criticism by the film community, we’re hopeful that the city will get it.

As with street demonstrations people who are exercising their right to be on the sidewalk without interfering with pedestrian traffic should not be required under any circumstances to get government approval to take pictures.

The rules were first put forward on May 25; a hearing on them occurred on June 28. Because of an outpouring of interest, the city extended the comment period through today.

Now the film office, instead of finishing its rules, says it will instead “redraft the proposed rules, taking into account input and feedback it has received from interested parties, to more effectively strike the balance between public safety and the needs of filmmakers.”

Ms. Oliver said in her statement, “Our office remains committed to providing our customers with expedited coordination of their film location work in the safest manner possible, so that the city’s film and television industry can continue to flourish, free speech is protected and all parties can continue to film, photograph and enjoy the greatest city in the world.”

The proposed rules would not have affected press photographers, who are credentialed by the police, or student filmmakers.

The City Council speaker, Christine C. Quinn, applauded the city’s decision to reconsider the rules. She said in a statement:

Like many New Yorkers, I was concerned by the administration’s initial film and photography permitting proposal and conveyed those concerns to the Mayor’s Office of Theater, Film and Broadcasting. I am pleased that they have listened to the public’s testimony and will be revising their proposal. I look forward to working to ensure that their new proposal preserves First Amendment rights and activities while also ensuring safe use of public space for filming and photography.

The debate resembles an earlier uproar that emerged in 2005, after the Metropolitan Transportation Authority proposed restrictions on photography and filmmaking in the subways. The authority withdrew the proposal.

Colin Moynihan contributed reporting.