RCFP: California bill allows anti-paparazzi suits against third parties

QUICKLINK California · October 13, 2009 · Newsgathering

California bill allows anti-paparazzi suits against third parties

Keywords: Celebrities; Paparazzi; Privacy

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Arnold Schwarzenegger has signed an amendment to California's anti-paparazzi law that will make it easier to sue media organizations that publish improperly obtained photographs, the Associated Press reports.

The amendment to the 11-year-law, which made it illegal for photographers to trespass, both physically and constructively, with the intention of photographing celebrities engaged in personal and familial activities in a "manner that is offensive to a reasonable person" -- now allows plaintiffs to file suit against any media organization that sells, transmits or publishes an image knowing it was obtained through such illegal trespass.

Though it is nearly impossible to bring a successful case against a paparazzi under the old law, media advocates worry its expansion to include third-party media outlets could have a chilling effect on news gathering.

"Nobody is ever going to be able to successfully prosecute one of these actions," said Tom Newton, general counsel at the California Newspaper Publishers Association. "Nevertheless, the initiation of even meritless lawsuits has a chilling effect on legitimate news gatherers."

The amendment to the new law will take effect in January.

— Amanda Becker, 6:28 pm

Comments: (6)

Comment by Finally, Tue, Oct 13, 2009, 7:09pm

it's about time more was done about these motherless jerks who invade privacy daily and for what? so some low self esteemed scumbag can read something salacious? how the papers accountable and maybe that will slow down this despicable practice. A small victory today for those that just want to be left alone

Comment by Correction, Tue, Oct 13, 2009, 7:10pm

it's about time more was done about these motherless jerks who invade privacy daily and for what? so some low self esteemed scumbag can read something salacious? hold the papers accountable and maybe that will slow down this despicable practice. A small victory today for those that just want to be left alone

Comment by Paparazzo, Tue, Oct 13, 2009, 8:52pm

Here come the bizarrely hateful, knee-jerk anti-paparazzi comments. Listen, 'Finally', it doesn't matter what you think of the people who provide and consume celebrity gossip. This is a press freedom issue.

Paparazzi are admittedly not the highest form of journalists, but we're still journalists. Reporters and photographers who cover more serious issues than we do should take note of such attempts to erode our first amendment rights, because you could be next.

Oh and the fact that this bill was signed into law by a movie star is a joke.

Comment by The Anti-Paparazzi, Tue, Oct 13, 2009, 11:11pm

Haha, that is how the Paparazzi justify their actions, that's like a pedophile says, "Oh, I'm not hurting them, I love them."

When you intentionally break rules by invading privacy, taking pictures of others when not admitted, that is called invasion of privacy. That's why there are things called press conferences where you can take all the pictures you want, otherwise, just stop.

I remember when Obama was newly elected, you "journalists" covered a story on what his two daughters were having for lunch, what a joke, stop being immature for a quick buck. Grow up, and get more respectable job.

Comment by Ordinary Joe, Wed, Oct 14, 2009, 1:33pm

So we have a law that grants special protections only to celebrities? Isn't that a clear violation of the 14th Amendment?

Where is my equal representation under the law?

Of course a wealthy celebrity like ShwarzenKennedy would sign a bill that protects just his own kind, but does nothing for the ordinary citizen. I guess that the 1st and 14th Amendments mean nothing when balanced against the comfort and convenience of the rich and famous.

Comment by Strategic Litigator, Wed, Jan 27, 2010, 3:52pm

This law is not a Paparazzi-Celebrity law. It applies to everyone taking a photograph and any one who wants to claim invasion of personal or familial activities.

Paparazzi may indeed be difficult to prosecute but only because they have lawyers at the ready who know how to defend their profession. Normal citizens are easy prey for abuse of this law in about 90 percent of the Courthouses in California since Judges are quick to shield children from anything that can be used in as ammunition in the Judge's next election.

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