Panel tables bill restricting use of crash-scene photos

After a debate centered on First Amendment protections for the press, a legislative panel on Monday tabled a bill place limits on media posting photos of fatal accidents.

Rep. Amanda Curtis, D-Butte, sponsored House Bill 553, which would prohibit news organizations from posting photos of a fatal accident on social media before the deceased’s next of kin has been notified.

Heard before the committee on Friday, the measure brought tearful testimony from several Helena-area residents who recounted learning of their loved ones’ deaths from local news organizations posting crash-scene photos on social media.

Law enforcement officials typically provide official notification of a death to the deceased’s next of kin. Under industry-wide ethical standards, news outlets generally withhold identifying information when reporting fatalities until official notification is made.

But during testimony Friday, proponents of the bill argued that their lives had been disrupted by incidents of media organizations posting photos of easily-identifiable fatal accidents.

Rep. Seth Berglee, R-Joliet, sided with those victims, telling the committee prior to its vote Monday that he believed a “reasonable expectation of privacy” for the public trumped the arguments in favor of the press’ freedom to publish.

“You do have that right, unless there’s a compelling public or state interest,” he said. “... The people that have had family members in wrecks, it’s not something that you would want to see on Facebook necessarily.”

Democratic Rep. Nate McConnell, a Missoula attorney, said that while he understood the issues brought forth during the testimony on the bill, the constitutional protections for the press were beyond debate.

“The effect of the free press [is] devastating some people, and it’s terrible and it’s awful, and we should exert every commercial and ethical pressure on the responsible parties,” he said. “But it’s not even close. When it goes to court, this law will be thrown out.”

The committee vote failed to advance the bill from committee by a 12-7 vote.

The bill will die unless a majority of the House votes to bring it to the floor for a vote before the Wednesday transmittal deadline.

Reporter Sam Wilson can be reached at 758-4407 or by email at swilson@dailyinterlake.com.