Drone Journalism: Legal Boundaries And Ethical Concerns

Drone journalism is a new concept, referring to the use of unmanned aerial vehicles (UAVs) or unmanned aerial systems (UAS) for journalistic purposes. The use of drones for information collection in the journalism industry is still in its infancy, but it is already facing legal, ethical, and societal roadblocks. While drone technology allows journalists to take footage of news events such as volcanic eruptions, war-torn villages, and natural disasters, the legal framework surrounding their use is still developing.

In the United States, the Federal Aviation Administration (FAA) has been working to integrate drones into national airspace, with new rules and certifications for drone usage. However, drone journalism also raises complex legal and ethical questions, such as the potential invasion of privacy, the applicability of existing journalism ethics codes, and the need for new regulations to address these issues.

The use of drones in journalism is regulated primarily by civil aviation authorities, but the varying regulations between countries pose challenges for journalists wishing to use drones internationally. Additionally, the proposed legislation at the state and local levels in the US, such as restrictions on flying over private property, could further impact the use of drone journalism.

As the field of drone journalism continues to evolve, journalists, lawmakers, and society at large will need to navigate the complex legal landscape surrounding this emerging technology.

Drone certification and operator requirements

Drone journalism is an emerging field that uses "unmanned aerial vehicles" (UAVs) or "unmanned aerial systems" (UAS) for journalistic purposes. The Federal Aviation Administration (FAA) in the United States has been working to integrate UAS into the national airspace, and has implemented certification requirements for operators.

To operate a drone for journalistic purposes, an individual must obtain a Remote Pilot Certificate, also known as a drone pilot license, from the FAA. This certificate demonstrates that the operator understands the regulations, operating requirements, and procedures for safely flying drones. To obtain this certificate, the following steps must be completed:

• Meet the eligibility requirements: The operator must be at least 16 years old, able to read, write, speak, and understand English, and be in a physical and mental condition to safely fly a UAS.
• Pass the Aeronautical Knowledge Test: This test covers a range of topics, including regulations, airspace classification, aviation weather, aircraft loading and performance, emergency procedures, crew resource management, radio communication procedures, and physiological effects of drugs and alcohol. The test fee is approximately $150, and it can be taken at any FAA-approved knowledge testing center.
• Submit an Airman Certification and Rating Application: After passing the knowledge test, individuals can submit their application electronically through the FAA Integrated Airman Certificate and/or Rating Application system (IACRA).
• Complete a security background check: The Transportation Security Administration (TSA) conducts a background check as part of the certification process.
• Receive the Remote Pilot Certificate: Once the application and background check are complete, individuals will receive their permanent certificate via mail.

It is important to note that the Remote Pilot Certificate must be kept up to date. Certificate holders are required to pass a recurrent aeronautical knowledge test every 24 months and complete online recurrent training to maintain their certification.

In addition to the federal requirements, it is essential to be aware of any state-specific laws and regulations regarding drone usage. For example, in Texas, it is illegal to fly a drone higher than eight feet in the air and to photograph private property without the landowner's permission. Drone operators should also consider ethical guidelines, such as those established by the Professional Society of Drone Journalists, which emphasize newsworthiness, safety, and respect for public spaces.

Drone use cases and restrictions

Drone journalism is the use of drones, or unmanned aircraft systems (UAS), for journalistic purposes. Drones are a safer and more cost-effective means of video recording for journalists, especially in highly vulnerable coverage areas. They can be used to capture footage of news events such as volcanic eruptions, war-torn villages, and natural disasters.

The use of drones for journalism is regulated primarily by the civil aviation authority (CAA) of each country, and permissions from other government agencies may also be required. As each NAA sets its own regulations for drones, these can vary widely from country to country. In parts of Africa and Asia, drone laws are unnecessarily restrictive, expensive, and opaque.

In the US, drone laws are governed at the federal level by the Federal Aviation Administration (FAA). To operate a drone for commercial purposes, one must obtain a remote pilot certificate with a small UAS rating and pass a background security check conducted by the Transportation Security Administration (TSA). Drone pilots must also keep the drone in their line of sight at all times and can only fly during daylight hours. Drones cannot be flown over people who are not part of the crew and cannot be used for undercover operations.

At the state level, several states have passed laws restricting drone use, and others are considering similar legislation. For example, Texas law prohibits flying a drone higher than eight feet in the air and photographing private property without the landowner's permission. Municipalities across the country are also trying to regulate drone use, with mixed success.

Internationally, there is no reliable database of drone laws, but efforts are being made to harmonize regulations, particularly in the European Union.

Drone privacy and surveillance laws

Drone journalism is a developing field, and the laws surrounding it are still being established. The Federal Aviation Administration (FAA) has been working to integrate drones into US airspace since 2012, and drone usage is governed by a combination of federal, state, and local laws.

Federal Law

The FAA has been charged with integrating drones into US airspace, and it has implemented a number of safety regulations, including:

• Drone pilots must obtain a remote pilot certificate with a small UAS rating and pass a background security check.
• Drones can only be flown during daylight hours and must be kept within the pilot's line of sight.
• Drones cannot be flown over people, faster than 100 mph, or higher than 400 feet.
• Drones weighing less than 55 pounds require permission from Air Traffic Control to fly in Class B, C, D, and E airspace.

State and Local Laws

State and local laws primarily focus on privacy and surveillance concerns. While the FAA has stated that it does not have the authority to make or enforce privacy-related rules, 24 states have passed legislation that addresses privacy and drones. These laws generally fall into two categories:

• Laws requiring law enforcement to obtain a warrant before using drones for surveillance or searches.
• Laws prohibiting private citizens from using drones to invade someone else's privacy, including by trespassing, filming over private property, or photographing in a place where someone has a reasonable expectation of privacy.

In addition to these privacy laws, some states have also passed legislation restricting drone usage near critical infrastructure and prisons due to safety and security concerns.

Drone ownership and airspace rights

In the US, the Federal Aviation Administration (FAA) has been working to integrate drones into national airspace since the passage of the FAA Modernization and Reform Act in 2012. This act mandated the creation of test sites and a comprehensive plan for integrating drones. As part of this process, the FAA has authorized certain operators to fly drones in at least 11 states, with a focus on agricultural, ecological, and conservation uses.

While the FAA has made progress, the law in this area is still developing, and legal scholarship is still catching up. This is especially true when it comes to drone journalism, which refers to the use of drones for journalistic purposes.

The issue of airspace rights is particularly contentious when it comes to drone use. According to US Common Law, landowners own "at least as much of the space above the ground as they can occupy or use in connection with the land," but the exact limits of this airspace are unclear. This ambiguity has led to legal disputes, such as the case of *Boggs v. Merideth*, where a drone owner sued his neighbor for shooting down his drone.

The FAA has added to the confusion by asserting control over grass-top airspace, suggesting that backyards are navigable airspace. However, this assertion has been challenged in court, with some arguing that it is inconsistent with the FAA's statutory authority.

As drone technology continues to advance and become more accessible, these issues of ownership and airspace rights will become increasingly important, and the law will need to adapt to keep up with the changing landscape.

Drone safety and accident liability

Drone safety and liability are complex issues that are still being navigated by lawmakers, journalists, and drone enthusiasts alike. The Federal Aviation Administration (FAA) has implemented a range of regulations to ensure safe drone usage, but accidents and liability concerns remain.

Drone Safety Regulations

The FAA has established several safety regulations for drone usage to protect the general public. For instance, drones are no longer permitted to fly over crowds of people, and operators must obtain permission from Air Traffic Control to fly in specific airspace classes surrounding airports. Additionally, drones may not be flown above 400 feet in unrestricted airspace, and operators must keep the drone within their line of sight at all times. These measures aim to prevent collisions with manned aircraft and mitigate the risk of injuries or property damage caused by drones.

Drone Accident Liability

Despite safety regulations, drone accidents can and do occur, leading to potential liability issues. In most cases, the drone operator is held liable for any damages caused by a crash. However, it is rare for drone pilots to carry insurance, which can make it challenging for victims to obtain compensation for their injuries or losses. In some cases, other parties may also be held responsible, such as the company that designed or manufactured the drone, especially if the accident was due to defective parts or designs.

Insurance for Drone Operators

Due to the potential risks associated with drone usage, it is recommended that drone operators, both individuals and news organizations, obtain liability insurance to cover themselves in the event of an accident. This insurance can provide financial protection in case of property damage, bodily injury, or other liability claims arising from drone usage.

Drone Journalism and Liability

Drone journalism, the use of drones for journalistic purposes, introduces additional ethical and legal considerations. Journalists must navigate privacy concerns, obtain necessary permissions, and ensure they do not infringe on individuals' rights while using drones for newsgathering. The line between when FAA control of airspace ends and local control begins is still being debated, and state laws vary regarding drone usage and privacy protections. As drone technology becomes more accessible and prevalent, journalists must be mindful of the legal and ethical implications of their drone usage to avoid liability issues.

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