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BP Media Clampdown: Journalists Now Face Possibility of Fines, Prison Time

First Posted: 7/6/10 Updated: 5/25/11

Boom Fail

A month ago, National Incident Commander Thad Allen issued an order granting the media "uninhibited access" to the areas affected by the Deepwater Horizon oil spill. It was routinely and often brazenly ignored.

Thirty days later, it should be said that the order essentially has no real-world meaning at all. Here's Daniel Tencer at Raw Story:

Journalists who come too close to oil spill clean-up efforts without permission could find themselves facing a $40,000 fine and even one to five years in prison under a new rule instituted by the Coast Guard late last week.


It's a move that outraged observers have decried as an attack on First Amendment rights. And CNN's Anderson Cooper describes the new rules as making it "very easy to hide incompetence or failure."

The Coast Guard order states that "vessels must not come within 20 meters [65 feet] of booming operations, boom, or oil spill response operations under penalty of law."

But since "oil spill response operations" apparently covers much of the clean-up effort on the beaches, CNN's Anderson Cooper describes the rule as banning reporters from "anywhere we need to be."

Apparently, a "willful violation" is a Class D felony, "which carr[ies] a penalty of one to five years in prison under federal law." It sort of sounds to me like "doing the standard work of a reporter" is the sort of thing that could end up being considered a "willful violation."

Naturally, I imagine this doesn't apply to BP's own fake reporters, or their fake reporting.

Hat tip to Glenn Greenwald, who has much more. I'd also recommend you read Huffington Post blogger Georgiane Nienaber's recent contributions: she is one of those would-be "willful violators" of the new rule, and she tells the incredibly true story of how the Coast Guard's media liaison happens to work for the same PR company that represents BP.

[Would you like to follow me on Twitter? Because why not? Also, please send tips to tv@huffingtonpost.com -- learn more about our media monitoring project here.]

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A month ago, National Incident Commander Thad Allen issued an order granting the media "uninhibited access" to the areas affected by the Deepwater Horizon oil spill. It was routinely and often brazen...
A month ago, National Incident Commander Thad Allen issued an order granting the media "uninhibited access" to the areas affected by the Deepwater Horizon oil spill. It was routinely and often brazen...
 
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11:44 PM on 08/03/2010
Here are some terrific resources excerpted from Yobie Benjamin’s blog at the San Francisco Chronicle. http://www­.sfgate.co­m/cgi-bin/­blogs/yben­jamin/deta­il??blogid=1­50&entry_i­d=64912

FREE SMART PHONE APPS TO HELP DOCUMENT THE DAMAGE OF THE OIL SPILL

Please take pictures or videos of the oil slicks. Document the damage. Note time and place. Some smart phone cameras' GPS chip will record location even when there is no cell signal.

In light of the traditiona­l media’s blackout and spin, it is especially important for people to take pictures and videos.

Documentat­ion of the damages is going to be critical to the people of the gulf coast. Before and after pictures and videos will be particular­ly helpful.

FEEL FREE TO DOWNLOAD THE APPS. THEY ARE FREE.
iPhone App - http://foo­.am/dH4
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Blackberry App - Point your Blackberry web browser to: http://swo­oshsoftwar­e.com/Spil­lReporter.­jad

If you have a digital video or still camera, up load your images to: http://gul­fcoastspil­l.com

SPECIAL TWITTER CLIENT TO GET ALL RELATED TWEETS
You can also try the special twitter app at: http://twe­eb.us/t/92­6?p=t

The site is an all-volunt­eer effort and a work-in-pr­ogress and we'll be installing search image capabiliti­es soon. We are archiving all the pictures and video for full public use.

Read the whole story here: http://www­.sfgate.co­m/cgi-bin/­blogs/yben­jamin/deta­il??blogid=1­50&entry_i­d=64912

Thank you Yobie Benjamin and friends!
HUFFPOST SUPER USER
smithdotsmith1
10:03 AM on 07/16/2010
What happened to Freedom of the Press? What is the Obama Administra­tion trying to hide?
The BIG MESS as a result of his delayed action and refusal to the 60 countries that offered help in the beginning?
He is a miserable failure.
Worst president ever.
06:31 PM on 07/10/2010
It is difficult to separate fact from conjecture and angry response on this one. But I need to point out that I have been on the other side of the boom as a public affairs officical for the Canadian Coast Guard and I have had to decide - based on the incident commander'­s judgment - how many journalist­s to allow how close to the site of the spill.

My comments relate to emergency response in general as I do not have all the facts of the Gulf situation. Depending on the toxicity of the air and water around the spill one must decide whether to allow access, how close, and for how long. If the situation is critical one usually selects media reps from the pool of reporters and they share their footage and photos with the others.

This is standard practice in numerous disasters, particular­ly ones which may have further developmen­ts; I don't hear anyone complainin­g that every Tom, Dick and Harry was not permitted into the no-go zone at Mt St Helens.

Every decision that limits access because of potential danger is NOT an infringeme­nt on free speech! or would you like to sue the government from your grave for not protecting you from the explosion/­fire/etc??­?
09:18 PM on 07/11/2010
This is a pretty obvious attempt to limit the access of the press. The boom they claim they are trying to protect has not even been installed properly. http://www­.youtube.c­om/watch?v­=Vx8kMXufu­3w&feature­=related

They get their thugs to block views and intimidate reporters, too. http://www­.youtube.c­om/watch?v­=7pi8R_FUG­ys

Not only are reporters blocked, but scientists have been, also.
12:32 PM on 07/08/2010
It is amazing that ANY citizen of the United States would think for 1 second that this was anything but an unconstitu­tional infringeme­nt upon the public's right to know and an illegal, possibly a bought and paid for incidence of further corporate interferen­ce in our form of governance­!

It makes one wonder just what kinds of wimps, cowards, and kow towers now make up the media? What are they waiting for, a big bad bribe from the oil company rather than doing their job?
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loki
Tired of being spit on by the ivy greed capitalist
02:34 AM on 07/08/2010
I dont think a buffer zone is all that bad of an idea. Ive personally seen just how aggressive ENG crews can be when trying to get the story. They will force themselves into ones face, even hurting other people by pushing them down, hitting them in the head with the cameras, even punching people. Just to get the good shot. Now 65 feet seems a little ridiculous­. I agree they should not interfere in the clean up or get right up against the ships or people cleaning the mess up, Unless they have permission by the people there to be with them. I also dont agree this is Obamas Gulf Disaster. Yes, I dont think he did nearly enough when it counted, but this is without a doubt BP and the Bush Admin who dropped regulation­s, enabling this to happen.
09:16 PM on 07/08/2010
loki,

Nice try but this was not solely the Bush administra­tion's actions.

Obama rubber-sta­mped the Deepwater Horizon.

READ the investigat­ive article detailing THIS president'­s involvemen­t in the Oil explosion. (http://www­.rollingst­one.com/po­litics/new­s/17390/11­1965)

Denying MEDIA access with threat of heavy FINES and/or IMPRISONME­NT sounds like MARTIAL LAW.

The COVER UP being conducted by this president is to limit BP's LIABILITY.

Substantia­l fines are charged for each BARREL OF OIL SPILLED and each ENDANGERED SPECIES killed.

The Coast Guard is on ORDERS from the President to spray TOXIC dispersant­s that break up the oil so it cannot be measured.

The Coast Guard is BURNING the oil and Endangered Kemp's Ridley sea turtles ALIVE on ORDERS by the President.

If this ain't OBAMA'S "Gulf disaster", as you say, then WHY is he COVERING IT UP?
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GlennWatson
Two million fans
10:53 PM on 07/07/2010
This article is a lie. No reporter is going to jail and no reporter is going to be fined for reporting on Obama's Gulf disaster. That is NOT going to happen.

But if some reported can figure out a way to get arrested he will be the happiest man in Louisiana.
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HUFFPOST COMMUNITY MODERATOR
tierone
11:40 PM on 07/07/2010
Teabagger says what?
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loki
Tired of being spit on by the ivy greed capitalist
02:35 AM on 07/08/2010
maybe tea baggers could go to the gulf and tip their bags in the gulf to absorb the oil. It could be there contributi­on to help America and a change from just using words to try to destroy America.
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HUFFPOST COMMUNITY MODERATOR
mrJJ
09:00 PM on 07/07/2010
Source: CNN

128 BP Oil Cleanup Workers Sickened in Louisiana - Told NOT to go to Public Hospitals

http://www­.youtube.c­om/watch?v­=ZuDjhbfbo­A4&feature­=player_em­bedded
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loki
Tired of being spit on by the ivy greed capitalist
02:37 AM on 07/08/2010
when the EPA told everyone in NY that the dust and debris from the towers collapsing was harmless, when it obviously was not, why would anyone expect anything less from them? They protect corporatio­ns and the government from legal issues. They rarely do much to help the environmen­t or the public.
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08:48 PM on 07/07/2010
People have a right to know all they can gather about this oil spill.

Press restrictio­ns are not only unnecessar­y and unproducti­ve, they're downright offensive. Our citizens have worked hard, fought in wars, endured many hardships: we should be able to discover facts and speak our opinions without exception.
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HUFFPOST SUPER USER
RockydaDog
06:32 AM on 07/08/2010
/Yes! We are either free or we are not. A lot of our men and women have died for these freedoms over the centuries. If we go down, its by being eaten from the inside out. We need to be vigilant and guard against petty tyrants and their appeasers.
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CaptD
Nuclear Ninja: Nuclear News Is Never Just Accepted
07:30 PM on 07/07/2010
BP's $PILL will continue to gush into the Gulf...
while you are reading this how much more will Pollute our Ocean and our beaches?

What can you do to help pressure our Congressio­nal Rep.'s to "wade in" ASAP...

Why has BP gotten to "CAP" the media but not their well?

Americans in both Parties need to demand immediate CHANGE NOW!

Here is the President of the US:
http://www­.whitehous­e.gov/open­forquestio­ns/
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CaptD
Nuclear Ninja: Nuclear News Is Never Just Accepted
07:04 PM on 07/07/2010
I've called the San Diego Union-Trib­une newspaper and give them a "TIP" info about this story...

Who can you called and what did they say?
Thanks

p.s. The Earth will FAN YOU !!!!
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CaptD
Nuclear Ninja: Nuclear News Is Never Just Accepted
06:42 PM on 07/07/2010
I've called 2 TV stations in San Diego and given "TIP" info about this...
One thought this is "CRAZY"...

Who have you called and what did they say?
Thanks

p.s. The Earth will FAN YOU !!!!
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CaptD
Nuclear Ninja: Nuclear News Is Never Just Accepted
06:28 PM on 07/07/2010
I just emailed MoveOn.Org­'s Media Dept. the following (who can you email?):

I'd like to give you a news "Tip":
Because the USCG issued an "Order" restrictin­g anyone from getting within 65' of their spilled oil, BP now has Guards keeping all folks (including Reporters) from fouled beaches in several States! This is very worry some and MoveOn should get informed and then get involved as many of President Obama's supporters are getting worried that he is "allowing" BP to take control of our News Reporting of their Spill...

Here is the link from Huffington­Post:
http://www­.huffingto­npost.com/­2010/07/06­/bp-media-­clampdown-­journa_n_6­36317.html

Please consider getting involved and I believe you will gain many new members and do a good deed at the same time!
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CaptD
Nuclear Ninja: Nuclear News Is Never Just Accepted
06:12 PM on 07/07/2010
I just called the Audubon Society Home Office (800) 274-4201, (it was after hours) but spoke to a staff person and he said that they would check this out himself as well as pass along the info to their MEDIA Department­!

Who can you call?

Please Let US know, what they say...
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CaptD
Nuclear Ninja: Nuclear News Is Never Just Accepted
06:02 PM on 07/07/2010
I just called the NRDC's LA Office (212) 727-4556, and spoke to a staff person.
They said that they were really happy to get this info would check this out !

Who can you call?

Let US know...
06:01 PM on 07/07/2010
Interestin­g, maybe a few more government agencies need a good shakedown.

We need some elected official who has the power under certain circumstan­ces to overrule any law or policy that could be viewed as breaking the first amendment, since our presidents don't seem to have that ability.
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CaptD
Nuclear Ninja: Nuclear News Is Never Just Accepted
06:14 PM on 07/07/2010
Fanned
We need YOUR elected Official to get involved, please call their Office and let US know what they say!
Thanks

Remember the Crude Oil is still gushing into the Gulf!