Lakehurst Council to Alert First Responders to Law Prohibiting Victim Photos

Borough officials plan to ensure that all of Lakehurst's first responders are aware of new state legislation passed last month that makes it a crime to distribute photos of victims receiving assistance. 

In August, Gov. Chris Christie signed a bill sponsored by Sen. Chris Connors and Assembly members Brian Rumpf and DiAnne Gove (all R-Ocean) which made distributing such photographs or recordings illegal. The bill was spurred after photos of a Manchester woman killed in a 2009 Barnegat crash appeared online even before family members were notified.

"This is a kind of a call to all our first responders, but it's also a request for the administration to maybe issue a memo," said council member Steven Oglesby during his report at the governing body's regular meeting Thursday night. "Maybe we should, as a memo, send it out to any of our first responders — be they public works, fire, first aid — to remind them that it is a disorderly persons offense."

Borough Clerk Bernadette Dugan said that she will take care of issuing the memo to those agencies. 

In a statement issued following the passage of the bill, the legislative delegation said that the bill "marks a significant achievement in protecting victims’ privacy rights by updating state law to reflect the realities of today’s rapidly expanding and evolving social media."

"Not surprisingly, many first responders we have spoken with on this issue were incensed and offended by what took place in the case of Mrs. Bates-Wickward and her family," they said in the statement. 

First responders present at the scene of a motor vehicle accident or other emergency situation to provide assistance are prohibited from "photographing, filming, videotaping, recording, or otherwise reproducing in any manner, the image of a person being provided medical care or other assistance, except in accordance with applicable rules, regulations, or operating procedures of the agency employing the first responder," the law states.

The law also prohibits first responders from distributing any images of victims that are captured unless written permission is provided by the accident victim or the victim's next-of-kin. There are exceptions for certain law enforcement and insurance purposes, as well as in the case of a court order that forces the release of images.

Violating the law could earn a first responder six months in jail and a $1,000 fine, as well as the potential of being sued in civil court.