Hoosier State Press Association - The Indiana Publisher
Issue link: https://www.ifoldsflip.com/i/40991
Page 4 September 1, 2011 Newspapers must insist on content control S tate high school ath- letic associations earned a federal-court victory in an ongoing fight with newspapers over cover- age of sporting events. The 7th Circuit Court of Appeals in Chicago recently ruled that the Wisconsin Interscholastic Athletic Association is constitution- ally entitled to sign exclu- sive contracts for Internet streaming of high school games. The ruling did not sur- prise me. Athletic associations have negotiated exclusive radio and/or TV broadcast rights for state basketball and football games for decades. The recent ruling by the three-panel judge is logical under the same legal frame- work. I still encourage newspa- pers who have the capabil- ity to consider lining up streaming rights to your school districts' regular- season events. And don't forget non-ath- letic events that would be attractive to your commu- nity – speech meets, band competitions, plays and musical performances. School news has always been a bulwark for the local news franchise, and if newspapers don't move into this area, someone else will. If a newspaper needs technical help, consider a partner like iNK Barrel Video Networks. If you lack the manpower, consider working with high school administrators. Many schools have video/ web production classes that would love to tie into their community newspaper's website to produce events and provide student com- mentators. My concern with the result of the case involv- ing Gannett Co. and the Wisconsin Newspaper Association is that it may embolden high school ath- letic officials to renew the fight over press-credential restrictions. The Indiana High School HSPA Hotline From the The Mail- Journal (Milford), The Trailblazer (Vincennes University), Palladium- Item (Richmond) and Daily Journal (Franklin): Q would not put the private entity under the umbrella of the state's access laws. I did note though that the A entity says its operating funds are obtained by "tax subsidy and revenue gener- ated by ambulance calls." The reference to a tax subsidy may be a poor description of the contract- ed fees and possibly inac- curate, but if the entity does receive subsidies from government units (as opposed to a fee-for-service arrangement), it may fall under the audit of the state board of accounts, which would make it a public agency under the state's Open Door Law and Access to Public Records Act. Check with taxing units to see if their arrangements are contracted fee-for-ser- vice terms. Also check with the board of accounts to see if the ambulance service is an entity the board audits. Would a private ambulance service that receives funds from town and township coun- cils/boards for service fall under the Open Door Law? To my knowledge this ser- vice's meetings are not pub- licized. Here's something from its website: "MTEMS is a not- for-profit 501-c3 corpora- tion. Operating funds are obtained by tax subsidy and revenue generated by ambu- lance calls …" Receiving a fee to provide EMS services for a gov- ernment agency Q A The Knox County Deten tion Center requires ID to be provided in order to review the booking records. Is each detention center given freedom to make their own regulations for releas- ing such information? I'm not aware of any requirement to show ID to inspect public records of a jail. Ask the detention center for the Indiana code cita- tion for the ID requirement to inspect a document under the state's Access to Public Records Act. If they can give you a code citation, I'll be happy to check it to see if I agree that it would give them legal authority to require the ID. Q A We were told we could have a sher- iff's office accident report for $8 for a hard copy or $12 through the Internet. The police department also says $8. I thought public records were 10 cents a copy. Did that change? Do the charges apply to media and the pub- lic? Accident reports are one of the exceptions to the standard copy fee provision in the Access to Public Records Act. The statute authorizes the collection of a minimum fee of $5 (IC 9-29-11-1), and police departments can charge more. The most expensive that I've heard about was $20 charged by the Hammond police department. There is no media excep- tion in the statute, but most police departments waive the charge for report- ers. While the sheriff's depart- ment is within the law to charge you, remember you have the right to inspect the record at no charge and are free to take notes dur- ing that inspection. exchanged with a sheriff's office technician? about the county-owned telephone in the prosecu- tor's office, but the prosecu- tor's private cell phone would not be subject to the Access to Public Records Act. Emails, if part of the prosecutor's or sheriff's computer system, are also disclosable public records. However, you may find Q A that some of those records fall under the investigatory records exception, allowing the prosecutor and/or sher- iff to keep those confiden- tial. Emails that are personal in nature and not concern- ing public business would be subject to inspection and copying, but you may run into a situation where they no longer exist. Since they don't involve public business, they are not subject to retention rules and could be deleted prior to your request. Contact Steve Key, HSPA executive director and gen- eral counsel, with media law questions at skey@ hspa.com or (317) 624-4427. Fayetteville Observer's Platinum TV ad package exceeded revenue goal in less than a week! Phone records are disclosable public records if you are talking Can a newspa- per get emails and phone records of a county prosecutor, particularly those Access Continued from Page 1 of the publication require- ment in favor of postings on government websites. HSPA sees the fall elec- tions as an opportunity for newspapers to put local gov- ernment candidates on the record concerning their level of support for the public's right to know. Here are some suggested public access-related ques- tions to ask candidates for office this fall: • What does the Open Door Law, Access to Public Records Act and Public Notice Adver- tising Law require of local government? Mail Continued from Page 1 operation gives us another way for us to serve our cus- tomers and further diversify our company." The new direct-mail divi- sion – KPC Mail Connection – is managed by Tom Anderson, who operated his own mailing company in Fort Wayne for many years and most recently managed a mailing business. "We have known and worked with Tom for a long time, as have many other Key Points By Steve Key Athletic Associ ation has so far not enforced for HSPA members a provision of its credentials that prohibits newspapers from selling photos they take at IHSAA events. The IHSAA believes the provision protects the revenue potential of their product. But newspapers have rightly protected their copyright on photos they create. It's a typical contract-law problem – a term that one side wants and the other rejects. It would be a mistake for high school athletic associations to believe the Wisconsin victory gives them a green light to move forward on restrict- ing newspapers' photo use. Newspapers are more likely to refuse the credential than give up control of their pho- tos. A resulting boycott of high school games by newspapers would not favor either side, which typically has had a mutually beneficial, symbi- otic connection. Access to IHSAA events allows newspapers to more easily provide coverage of the games that are avidly followed by the community. Coverage of regular-sea- son games by newspapers builds interest in season- ending tournaments that go beyond local fans and create statewide interest as teams march toward the finals. Part of the adamancy of newspapers on the issue of photo control is the poten- tial domino effect that could occur if they surrender to athletic associations on the credential question. Organizers of local festi- vals, county fair boards and the hosts of other newswor- thy events might also try to dictate what newspapers could do with photos or vid- eos produced. The trend then could move to restrictions on cov- erage as entities try to con- trol their spin on an event. If you think that sounds far-fetched, consider that Texas Tech University has closed football practices to the media, and coverage will be provided by Texas Tech athletic department personnel. The university likely is considering a subscription- based service that would provide practice informa- tion, footage, etc., that it could sell to fans of the Red Raiders – all things previ- ously provided by newspa- pers. Access is a critical com- ponent for coverage of com- munity news. It's an area where newspapers can't afford to compromise prin- ciples. Steve Key is executive director and general counsel for HSPA. • Given that citizens may be fined for civil infractions such as littering , do you sup- port the concept that public officials could be fined by a judge who determines they have deliberately violated access laws? • Should the state's Public Access Counselor be allowed to inspect original documents that have been redacted prior to public disclosure to ensure that the blacking-out of infor- mation is within the parame- ters set by state access laws? • Do you support the contin- uation of public notice adver- tising in newspapers, consid- ering recent surveys in the Midwest show citizens would be less likely to see notices on government websites? area businesses," Housholder said. "He is recognized as one of the region's most knowledgeable individuals on postal regulations and mail preparation. I know our company and our customers will benefit from his experi- ence." KPC's Fort Wayne opera- tions will move to a 17,000-square-foot building that will be the permanent home for the editorial, sales and creative staff of the Greater Fort Wayne Business Weekly and the Times com- munity publications, as well as the mailing operation. Without publishing anything new, the Fayetteville Observer ad package created new, year-long revenue in just one week! Contact Advantage Newspaper Consultants today to learn more about creating NEW annual revenue with your existing core products. Ask us about our digital editions! 910-323-0349 | info@newspaperconsultants.com | www.newspaperconsultants.com