NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3925
SPONSOR: Jackson TITLE OF BILL:
An act to amend the education law and the state finance law, in relation
to establishing the New York state violence in mass media research
program
PURPOSE:
To establish well as mass reporting of reproduction stereotypes, perpe-
trators a program to better inform legislature in the state as media
companies on ways that existing mass media violent crime may either
glorify and encourage the of certain violent crimes, perpetuate harmful
negatively sway jurors, or violate the privacy of alleged of crime
before they are convicted.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill amends education law section 239-b to establish
the Violence in Mass Media Research Program within the Firearm Violence
Research Institute and states the goals of this program.
Section 2 of the bill relates to how the program will be funded.
Section 3 of the bill relates to the effective date.
JUSTIFICATION:
Freedom of the press has been and remains one of the most important
factors which contributes to the liberty of the American people, as it
should be. In relation, the mass media can be a wonderfUl tool for
engendering public concern and amassing support for civil movements.
Journalistic practices surrounding the reporting of violent crimes are
often meant to generate maximum viewership without regard to their
impact on public safety, however, as is described by the slogan, "if it
bleeds, it leads" which perfectly encapsulates how easy it is to capi-
talize upon the macabre fascinations of the public. New York must lead
the way in determining what the best practices are for mass media
reporting on public safety and the privacy of suspected individuals.
Studies conducted by the Center for Disease Control and the National
Institute of Mental Health have linked the reporting from mass media on
certain violent crimes such as terrorism/ mass public violence, gang
violence, and serial killings to the proliferation of these crimes. The
National Institute of. Health has additionally published research on the
matter, citing the cogent FBI collaboration with the Advanced Law
Enforcement Rapid Response Training team's "Don't Name Them" Campaign as
well as the WHO's comparable published guidelines for reporting on
suicide. The attention given to perpetrators of such heinous crimes is
analogous to feeding oxygen to a flame. If there is no recognition of
their crime, no notoriety to be gained, experts understand this takes
away a major incentive. Displaying the names and faces of violent crimi-
nal suspects/ perpetrators is also often done by members of the mass
media in such a :way that may further a specific narrative on certain
groups of people, such as Black, brown, and/ or mentally ill persons,
which perpetuates negative stereotypes and profiling done by la w
enforcement. Additionally, premature reporting on suspected criminals
has the potential to negatively sway jurors towards a guilty conviction
or to irreparably damage the reputation of an innocent person. This
action furthermore is contradictory towards the United States' principle
of innocent until proven guilty, which must be guarded. As freedom of
the press is something that New York, home to several of the most influ-
ential media outlets in not just the nation, but the world, takes grave-
ly seriously, enacting legislation that would in any way alter the way
reporting is done must be supported by copious research. This research
program would give state legislators, as well as media companies,
nationwide looking to pioneer safer and more socially conscious prac-
tices a legitimate body of research to draw from to reform this industry
for the better.
PRIOR LEGISLATIVE HISTORY:
2021-22: A.10631 Referred to Higher Education / S.9226 REFERRED TO HIGH-
ER EDUCATION
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law. Effective immediately, the action, amendment and/or repeal
of any rule or regulation necessary for the implementation of this act
on its effective date are authorized to be made and completed by the
commissioner of education on or before such effective date.
STATE OF NEW YORK
________________________________________________________________________
3925
2023-2024 Regular Sessions
IN ASSEMBLY
February 8, 2023
___________
Introduced by M. of A. JACKSON -- read once and referred to the Commit-
tee on Higher Education
AN ACT to amend the education law and the state finance law, in relation
to establishing the New York state violence in mass media research
program
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The education law is amended by adding a new section 239-d
2 to read as follows:
3 § 239-d. New York state violence in mass media research program. 1.
4 Program formation and goals. Subject to amounts available by appropri-
5 ation, the New York state violence in mass media research program is
6 hereby created within the firearm violence research institute. The
7 purposes of such program shall include:
8 (a) advising the governor, governmental agencies, the regents, and the
9 legislature on matters relating to the effects of reporting on violent
10 crime practices in New York state as it relates to unintentionally
11 glorifying certain violent crimes in such a way that encourages copycat
12 violent crimes, contributing to negative stereotyping or prejudicing
13 jurors in rulings on private citizens;
14 (b) fostering, pursuing and sponsoring collaborative research on the
15 effects of mass media violent crime reporting;
16 (c) increasing understanding by establishing and reporting on what is
17 known and what is not known about the effects of reporting on violent
18 crime by mass media;
19 (d) identifying priority needs for the research of the effects mass
20 media reporting on violent crime and inventory work within New York that
21 currently are not receiving adequate attention and identifying public or
22 private entities that are best situated to address such needs, thereby
23 leading to better coordination of firearm violence research efforts in
24 the state;
25 (e) promoting awareness of existing and new sources of information
26 created by psychologists and other experts on the effects of current
27 mass media reporting of violent crime while educating elected officials,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03216-01-3
A. 3925 2
1 governmental agencies, and the general public on these issues through
2 such means as it may determine;
3 (f) organizing and sponsoring meetings on firearm violence topics;
4 (g) encouraging the establishment of networks of collaborating experts
5 engaged in related aspects of firearm violence research;
6 (h) raising sensitivity to firearm violence concerns among state and
7 local government agencies, and serving as a forum for enhanced intera-
8 gency information sharing and cooperation;
9 (i) working on a continuing basis with policymakers in the legislature
10 and state agencies to identify, implement, and evaluate innovative
11 firearm violence prevention policies and programs;
12 (j) recruiting and providing specialized training opportunities for
13 new researchers, including experienced investigators in related fields
14 who are beginning work on mass public violence, young investigators who
15 have completed their education, experts in journalism law, postdoctoral
16 scholars, doctoral students, undergraduates, and representatives from
17 mass media; and
18 (k) providing copies of their research publications to the legislature
19 and to agencies supplying data used in the conduct of such research as
20 soon as is practicable following publication.
21 2. Research. The New York state firearm violence research institute
22 shall foster, pursue, and sponsor basic, translational, and transform-
23 ative research, field studies, and all other such activities to
24 research:
25 (a) the nature of mass media reporting of violence, including what is
26 displayed, including but not limited to names and faces of perpetrators,
27 crime scenes, and plans, and individual and societal determinants of
28 risk for involvement in mass public violence, whether as a victim or a
29 perpetrator;
30 (b) the individual, community, and societal consequences of potential-
31 ly irresponsible mass media reporting practices regarding violent crime;
32 (c) the prevention and treatment of mass public violence at the indi-
33 vidual, community, and societal levels; and
34 (d) the effect of mass media reporting on contributing to racial
35 profiling and stereotyping as it relates to arrests, juror outcomes, and
36 the violation of the privacy of private citizens scheduled for trial,
37 but not yet convicted of a crime.
38 3. Financing. The violence in mass media research program shall be
39 funded through the firearm violence research fund established pursuant
40 to section ninety-seven-j of the state finance law.
41 § 2. Subdivision 5 of section 97-j of the state finance law, as
42 amended by chapter 151 of the laws of 2022, is amended to read as
43 follows:
44 5. Moneys in the firearm violence research fund, following appropri-
45 ation by the legislature, shall be available to the New York firearm
46 violence research institute for its activities as set forth in [section]
47 sections two hundred thirty-nine-d and three hundred fifty-five-e of the
48 education law.
49 § 3. This act shall take effect on the ninetieth day after it shall
50 have become a law. Effective immediately, the addition, amendment
51 and/or repeal of any rule or regulation necessary for the implementation
52 of this act on its effective date are authorized to be made and
53 completed by the commissioner of education on or before such effective
54 date.
