S 462: Relates to audio-visual coverage of judicial proceedings by the media; allows the judge or justice presiding over a proceeding to exercise discretion to prohibit or limit filming or photographing of particular participants; defines terms; provides limitations on audio-visual coverage.

  
  STATE OF NEW YORK ________________________________________________________________________ 462 2025-2026 Regular Sessions  IN SENATE (Prefiled) January 8, 2025 ___________ Introduced by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the judiciary law, in relation to audio-visual coverage of judicial proceedings; and to repeal section 218 of the judiciary law and section 52 of the civil rights law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 218 of the judiciary law is REPEALED and a new 2 section 218 is added to read as follows: 3 § 218. Audio-visual coverage of judicial proceedings. 1. Authori- 4 zation. Subject to the authority of the judge or justice presiding over 5 the proceeding to exercise sound discretion to prohibit or limit filming 6 or photographing of particular participants in judicial proceedings to 7 ensure safety and the fair administration of justice, audio-visual and 8 still photography coverage of public judicial proceedings in the appel- 9 late and trial courts of this state shall be allowed in accordance with 10 this section. 11 2. Definitions. For purposes of this section, the following terms 12 shall have the following meanings: 13 (a) "Proceeding" shall mean any action or proceeding heard in a court 14 of competent jurisdiction in this state. 15 (b) "Media" shall mean any news reporting or news gathering agency and 16 any employee or agent associated with such agency, including television, 17 radio, radio and television networks, news services, newspapers, maga- 18 zines, trade papers, in-house publications, professional journals or any 19 other news reporting or news gathering agency, the function of which is 20 to inform the public, or some segment thereof. 21 3. Equipment and personnel. The following shall be permitted in any 22 trial court or appellate court proceeding other than a matrimonial 23 proceeding or a proceeding in family court: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01907-01-5 
 S. 462 2 1 (a) At least one compact video camera, operated by no more than one 2 camera person. Additional permitted cameras shall be within the sole 3 discretion and authority of the judge or justice presiding over the 4 proceeding. 5 (b) Not more than one audio system for radio broadcast purposes. 6 Audio pickup for all media purposes shall be provided by existing audio 7 systems present in the courtroom. If no technically suitable audio 8 system exists in the courtroom, microphones and related wiring essential 9 for media purposes shall be permissible provided they are unobtrusive 10 and shall be located in places designated in advance of any proceeding 11 by the judge or justice presiding over the proceeding. In the event 12 that the courtroom has existing cameras suitable for audio-visual cover- 13 age, upon request the judge or justice presiding over the proceeding 14 shall have sole discretion to provide a media feed from such cameras 15 instead of allowing video cameras in the courtroom. 16 (c) Additional permitted equipment or personnel shall be within the 17 sole discretion and authority of the judge or justice presiding over the 18 proceeding. All costs of all audio and visual coverage shall be borne 19 by the entity seeking to provide such coverage. 20 (d) Any pooling arrangements among members of the media concerning 21 equipment and personnel shall be the sole responsibility of such members 22 without calling upon the judge or justice presiding over the proceeding 23 to mediate any dispute as to the appropriate media representative or 24 equipment authorized to cover a particular proceeding. In the absence of 25 advance media agreement concerning disputed equipment or personnel 26 issues, the judge or justice presiding over the proceeding may exclude 27 all media personnel from a proceeding. 28 4. Sound and light criteria. Any video and audio equipment, including 29 still camera equipment, whether film or digital, shall be operated in a 30 manner to generate the least possible sound or light, and such equipment 31 shall not be permitted if it produces distracting sound or light. No 32 artificial lighting device of any kind shall be used in connection with 33 the video equipment or still camera. 34 5. Location of equipment personnel. Video camera equipment and still 35 camera photographers shall be positioned in such location or locations 36 in the courtroom as shall be designated by the judge or justice presid- 37 ing over the proceeding. The area designated shall provide reasonable 38 access to coverage of the proceedings, so long as such reasonable access 39 can be provided without interference with the proceedings. Video 40 cameras and operators, and any still cameras and photographers, if 41 permitted, shall assume a fixed position within the designated area and 42 shall not be permitted to move about to obtain photographs or video 43 recordings of court proceedings. Media representatives shall not move 44 about the court facility while proceedings are in session. 45 6. Equipment movement during proceedings. News media photographic or 46 audio equipment shall not be placed in, removed from, or moved about the 47 authorized location as determined by the judge or justice presiding over 48 the proceeding, except before commencement or after adjournment of 49 proceedings each day. Equipment may be moved during a recess only with 50 the prior approval of the judge or justice presiding over the proceed- 51 ing. Neither video cassettes or film magazines nor still camera film, 52 digital media cards or lenses shall be changed within a courtroom except 53 during a recess in the proceeding. 54 7. Courtroom light sources. With the concurrence of the administrative 55 judge or the presiding justice who oversees the court in which the 56 proceeding is occurring, modifications and additions may be made in 
 S. 462 3 1 light sources existing in the courtroom, provided such modifications or 2 additions are installed and maintained without public expense. 3 8. Restrictions on audio-visual coverage. Notwithstanding the initial 4 approval of a request for audio-visual coverage of any court proceeding, 5 the presiding trial judge shall have discretion throughout the proceed- 6 ing to revoke such approval or limit such coverage, and may where appro- 7 priate exercise such discretion to limit, restrict or prohibit audio or 8 visual broadcast or photography of any part of the proceeding in the 9 courtroom, or of the name or features of any participant therein. In any 10 case, audio-visual coverage shall be limited as follows: 11 (a) to protect the attorney-client privilege and the effective right 12 to counsel, there shall be no video or audio pickup or broadcast of 13 conferences that occur in a courtroom between attorneys and their 14 clients, between co-counsel of a client, or between counsel and the 15 presiding judge held at the bench; 16 (b) no conference in chambers shall be subject to audio-visual cover- 17 age; 18 (c) no audio-visual coverage of the selection of the prospective jury 19 during voir dire shall be permitted; 20 (d) no audio-visual coverage of the jury, or of any juror or alternate 21 juror, while in the jury box, in the courtroom, in the jury deliberation 22 room during recess, or while going to or from the deliberation room at 23 any time shall be permitted, provided, however, that upon consent of the 24 foreperson of a jury, the presiding trial judge may, in such presiding 25 trial judge's discretion, permit audio coverage of such foreperson 26 delivering a verdict; 27 (e) no audio-visual coverage shall be permitted of a witness, who as a 28 peace or police officer acted in a covert or undercover capacity in 29 connection with the instant court proceeding, without the prior written 30 consent of such witness; 31 (f) no audio-visual coverage shall be permitted of a witness, who as a 32 peace officer or police officer is currently engaged in a covert or 33 undercover capacity, without the prior written consent of such witness; 34 (g) no audio-visual coverage shall be permitted of the victim in a 35 prosecution for rape, criminal sexual act, sexual abuse or other sex 36 offense under article one hundred thirty or section 255.25 of the penal 37 law. Notwithstanding the initial approval of a request for audio-visual 38 coverage of such a proceeding, the presiding trial judge shall have 39 discretion throughout the proceeding to limit any coverage which would 40 identify the victim, except that said victim can request of the presid- 41 ing trial judge that audio-visual coverage be permitted of such victim's 42 testimony, or in the alternative the victim can request that coverage of 43 such victim's testimony be permitted but that such victim's image shall 44 be visually obscured by the news media, and the presiding trial judge in 45 such presiding trial judge's discretion shall grant the request of the 46 victim for the coverage specified; 47 (h) no audio-visual coverage of any arraignment or suppression hearing 48 shall be permitted without the prior consent of all parties to the 49 proceeding, provided, however, where a party is not yet represented by 50 counsel, consent may not be given unless the party has been advised of 51 such party's right to the aid of counsel pursuant to subdivision four of 52 section 170.10 or 180.10 of the criminal procedure law and the party has 53 affirmatively elected to proceed without counsel at such proceeding; 54 (i) no judicial proceeding shall be scheduled, delayed, reenacted or 55 continued at the request of, or for the convenience of the news media; 
 S. 462 4 1 (j) no audio-visual coverage of any participant shall be permitted if 2 the presiding trial judge finds that such coverage is liable to endanger 3 the safety of any person; and 4 (k) no audio-visual coverage shall be permitted which focuses on or 5 features a family member of a victim or a party in the trial of a crimi- 6 nal case, except while such family member is testifying. Audio-visual 7 coverage operators shall make all reasonable efforts to determine the 8 identity of such persons, so that such coverage shall not occur. 9 9. Impermissible use of media material. Film, digital files, vide- 10 otape, still photographs, or audio reproductions captured or recorded 11 during or by virtue of coverage of a judicial proceeding shall not be 12 admissible as evidence in the proceeding out of which it arose, or upon 13 retrial or appeal of such proceedings. 14 10. Written order. (a) An order restricting audio-visual coverage with 15 respect to a particular participant shall be in writing. The order must 16 state good cause why such coverage will have a substantial effect upon 17 the individual which would be qualitatively different from the effect on 18 members of the public in general and that such effect will be qualita- 19 tively different from coverage by other types of media. Before prohibit- 20 ing audio-visual coverage, the presiding judge must first consider the 21 imposition of special limitations, such as a delayed or modified still 22 or audio-visual coverage of the proceedings. 23 (b) A presumption of good cause shall exist with respect to the testi- 24 mony of minors and testimony of any individual covered by section 25 fifty-b of the civil rights law. 26 11. Closing the courtroom. No audio-visual coverage will be permitted 27 during any period in which the courtroom is lawfully closed to the 28 general public in accordance with the United States and New York Consti- 29 tutions, New York law and court rules. 30 12. Appellate review. Any order issued pursuant to this section shall 31 be subject to review pursuant to article seventy-eight of the civil 32 practice law and rules and any rules of the appellate courts promulgated 33 to provide expedited review of such order. 34 13. Regulations. The chief administrator shall promulgate appropriate 35 rules and regulations for the implementation of the provisions of this 36 section after affording all interested persons, agencies and insti- 37 tutions an opportunity to review and comment thereon. Such rules and 38 regulations shall include provisions to ensure that audio-visual cover- 39 age of trial proceedings shall not interfere with the decorum and digni- 40 ty of courtrooms and court facilities. 41 § 2. Section 52 of the civil rights law is REPEALED. 42 § 3. Subdivision 5 of section 751 of the judiciary law, as added by 43 chapter 187 of the laws of 1992, is amended to read as follows: 44 5. Where any member of the [news] media as [defined in subdivision two 45 of] referenced in section two hundred eighteen of this chapter, willful- 46 ly disobeys a lawful mandate of a court issued pursuant to such section, 47 the punishment for each day that such contempt persists may be by a fine 48 fixed in the discretion of the court, but not to exceed five thousand 49 dollars per day or imprisonment, not exceeding thirty days, in the jail 50 of the county where the court is sitting or both, in the discretion of 51 the court. In fixing the amount of the fine, the court shall consider 52 all the facts and circumstances directly related to the contempt, 53 including, but not limited to: (i) the extent of the willful defiance of 54 or resistance to the court's mandate, (ii) the amount of gain obtained 55 by the willful disobedience of the mandate, and (iii) the effect upon 
 S. 462 5 1 the public and the parties to the proceeding of the willful disobedi- 2 ence. 3 § 4. This act shall take effect on the ninetieth day after it shall 4 have become a law.