Washington, DC—Suddenly, the
FAA has allowed CNN and a Las Vegas agency ArrowData to begin using and testing drones for electronic
newsgathering over populated areas under a section 333-waiver application provision.
Until now the FAA has banned
so-called, commercial use of drones while completely ignoring important First
Amendment issues.
As of now many media
companies have opted to refuse applying for section-333 waivers because the
lack of FAA regulation in effect already allows drone newsgathering.
The FAA just issued a curious
memo saying the media can’t use the drones, but they can accept and publish
drone video from third party hobbyists.
That begs the question, are the rights of hobbyists somehow greater than
news publishers?
Soon the FAA and
media content creators may be clashing in a courtroom.
The real issue and mission of
the FAA is about safety in our skies. However, to date the nearly two million
multi-rotor camera drones have not been involved in a single death, significant injury
or property damage anywhere. The 7000 registered helicopters on the other hand
have suffered numerous deaths along with epic destruction of property.
The drones used by hobbyists
have been proven to be safe. There
really is no evidence whatsoever that use of drones by the media would be any different.
There are two ways for courts
to become involved to settle the potential conflict. One is for the FAA to cite someone because
they used a drone for newsgathering. The
other way would be if a media company or individual simply sued the FAA seeking a Declaratory
Judgment that would actually enjoin the FAA from obstructing newsgathering efforts.
With respect to electronic
newsgathering he FAA has to date been placing itself above our Constitution’s
First Amendment. A judge may yet slap
the FAA. The FAA cannot simply trump
the Constitution of the United States.
Here is the latest and
somewhat ambiguous FAA memo on the drone newsgathering subject:
No comments:
Post a Comment