In our positions as working journalists and board members of the Rio Grande Chapter of the Society of Professional Journalists, we believe that S.B. 261—introduced by Sen. Bill O’Neill, D-Bernalillo, during the 2013 legislative session—represents a serious blow to the responsible practice of journalism in New Mexico.
According to the Citizen Media Law Project, federal law permits the recording of telephone calls and in-person conversations when one of the parties consents. Under so-called “one party consent,” a reporter can record a phone call or conversation as long as he or she is party to that conversation. Currently, 12 states have their own laws, requiring the consent of two (or all) parties to a phone call or conversation for a recording to be legal.
Why are changes to the law significant? And how would they affect the ability of journalists in New Mexico to do their jobs—and to serve the public?
As any journalist knows, recording a conversation is an essential tool in ensuring accurate reporting; if reporting is not accurate, the public-service function of journalism is eliminated. Those being recorded may not often think it, but recorded material also protects them from being misquoted. And often, when participating in undercover or investigative projects—such as those related to voter fraud, corruption, or crimes—reporters record sources without their knowledge or permission.
The need for single-party consent is particularly crucial when sources, including public officials, are unwilling to speak to reporters; sometimes, all a reporter will get is two words on the phone. If that reporter cannot record the conversation—or, worse, fears litigation if he or she does record it (even for his or her own records)—it will have the ultimate effect of making public officials less accountable. Further, we believe that S.B. 261 will have a chilling effect on the type of hard-hitting, investigative journalism—the journalism that is sometimes accomplished without the consent of the people whom it may embarrass, but which nonetheless serves the public—that is already so rare in New Mexico.
This is both an open government and a journalistic issue. Changes to the current law will diminish the autonomy of and protections afforded to reporters in New Mexico. Our state already lacks a shield law. As journalists, we cannot and should not allow this bill to pass.
The Rio Grande Chapter of the Society of Professional Journalists opposes any move to criminalize audio recording, including Senate Bill 261. We urge other organizations representing journalists or advocating for open government to take a decisive stand against these types of changes. Failing to do so would be a great disservice to New Mexico’s citizens.