First Responders Barred From Photographing Victims

This picture is illegal in New Jersey.
- Photo John W. Franks

Trenton, NJ – New Jersey just passed a new law prohibiting “first responders” from taking and sharing photographs of victims without their explicit permission (so I guess that pretty much rules out any pictures of unconscious patients). Violators could get as much as six months in prison. (“Hey Mack, what are you in for? Photography.”)

First, let me say that we firefighters (and paramedics and officers) are often our own worst enemy. Posting graphic and embarrassing pictures of patients on the internet (yes, this includes Facebook, emailing, and phone-to-phone sharing) is a violation of the sacred trust that the public bestows upon first responders in general, and firefighters specifically.

Outwardly this appears to be a common sense law, but it seems to me to have some glaring grey areas. For example, if I’m a fire department photographer (which I presume would fall into the “first responder” definition) I am now prohibited from taking pictures of victims. However, a fellow photographer from the local newspaper is not prohibited from taking pictures of victims because it would be a violation of his First Amendment right. We’re both professional photographers but one is constrained and the other is not? How is that right? And what about by-standers taking pictures with their phones and sharing them on the internet? Again there seems to be some disparity in this law.

Secondly, the new law allows pictures of wrecks once the victim is removed, but speaking as a photographer, that’s after all the “action” is gone. I often take pictures of “victims” (but I don’t show their faces; see above photo). This is to show the action of the scene and to give the picture more authenticity. Which is a better photo, one of a banged up car or one with firefighters around a wrecked car with power tools?

I’m sure some of you are saying that the point is the victim’s rights and not the photographer’s rights. But when the government takes away one group’s rights, it’s just a matter of time before they take away your rights. I’m just glad I don’t live in New Jersey.

• First Responders Barred From Photographing Victims Under New Jersey Law