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Kentucky spies stricken: Ban on web snaps of horror accidents mulled

Bourbon Belt banishes bloody binary bulletins?

The US state of Kentucky is considering a law that would prohibit posting live photos from accident and disaster scenes.

Kentucky House Bill 170 [PDF], if passed, will ban people from snapping and uploading photos from the scene of an accident or any event that "could reasonably result in a serious injury" for at least one hour after the incident occurred.

Those who violated the proposed law would face fines ranging from $20 to $100 for each offense.

The bill does contain some exemptions, including members of the press, first responders, and the victims of the accident themselves.

According to Rep. "Bam" Carney, author of the bill, the intent of the legislation is to discourage people from snapping photos at the scene of accidents and identifying victims on social media before authorities have had the chance to contact family members. By setting the one hour waiting period, he argues, the family members will have time to speak with police and hospitals before word of an accident or injury begins to circulate online.

"We've had some incidents, including one in my community, and I'd hate for anyone to learn about the loss of a loved one through social media," Carney told the Lexington Herald-Leader.

The bill is in its early stages and is currently pending review by the Kentucky House Judiciary Committee.

As the paper noted, should the bill progress, serious questions would be raised about its constitutionality, particularly in regards to free speech. Prohibiting members of the public from sharing photos and video would likely qualify as prior restraint and, as the Herald-Ledger notes, would likely render HB 170 unconstitutional in a court of law. ®

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