NYPD officer talks on radio at a crime scene. (Photo by Lloyd Mitchell)
Members of the state Legislature voted Thursday to approve the “Keep Police Radio Public Act,” which will give credentialed members of the media access to encrypted police radio.
This comes after the NYPD completed encryption of its precincts, special operations, and several other frequencies this past year. While several citywide frequencies and transit radio remain open, encrypted radio has left many members of the media to guess whether particular calls were real or nonexistent. Sometimes, events are not known until the NYPD reports them to the press.
The NYPD has maintained that its nearly billion-dollar radio upgrade was necessary to improve radio technology and “keep bad guys from using radio transmissions against them.” However, neither the NYPD nor the mayor could say how the press was using radios against them.
The “Keep Police Radio Public Act,” Assembly Bill A.3516, sponsored by Bronx Assemblymember Karines Reyes, passed in the Assembly Thursday, as did the Senate bill, S.416, sponsored by Queens Senate Deputy Majority Leader Mike Gianaris.
The Assembly passed the bill by a vote of 89-55, with several Democrats voting against it. The Senate bill also passed by a vote of 38-22, along party lines, with Democrats in favor.
“Preserving access to police radio is critical for a free press and to preserve the freedoms and protections afforded by the public availability of this information,” Gianaris said following the vote. “As encrypted radio usage grows, my proposal strikes the proper balance between legitimate law enforcement needs and the rights and interests of New Yorkers.”
The bill was backed by the New York Media Consortium, made up of eight statewide press organizations. This past year, they were joined by the News Guild of New York and their parent organization, the Communication Workers of America.
Diane Kennedy, president of the New York State Publishers Association, said she was gratified that Senator Gianaris and Assembly Member Reyes took the lead on the bill.
“Senator Gianaris and Reyes recognized how important it is for members of the public to receive accurate information in real time about events in the community that impact their safety. We applaud Senate Gianaris and Reyes for supporting their communities’ access to this information, to be notified in real time of breaking events.”
Juan-Carlos Rodriguez, vice president of the News Guild of New York, applauded the legislature for their vote.
“Keeping police radio transmissions accessible to journalists is vital for transparency and public safety,” Rodriguez said. “The public relies on reporters to relay accurate information about breaking events, and this legislation helps journalists continue to do the job that people count on us for. We’re very grateful that the Assembly and Senate passed these bills, and we hope Governor Hochul signs it quickly.”
Bruce Cotler, president of the New York Press Photographers Association, applauded Senator Gianaris and Assembly Member Reyes for helping pass “this important bill ” and thanked the consortium members for their dedication.
“We have known about the NYPD encrypting their radios since 2019 when amNewYork first reported on this,” Cotler said. “We have been bringing together many organizations that are dedicated to a free and unfettered press to fight for this bill. We are gratified that good sense prevailed to preserve the public’s right to know what is happening in their communities.”
Gov. Kathy Hochul could receive the bill from the legislature before the end of the year. Kennedy said she would urge the legislature to send it as soon as possible, as many other counties in the state, including neighboring Nassau, are fully encrypted, giving the press, in some cases, no access to police radio.
The NYPD was contacted but did not provide a comment yet.
Dakota Santiago, currently a photojournalist who covers breaking news in the city, said he and his fellow journalists have suffered under encryption.
“As a journalist who currently lives in a city where the police and fire departments are both encrypted (Bayonne, NJ) I feared the worst for New York City as it’s a sinking feeling not knowing if the calvary of speeding police cars and fire engines are rushing off to a fender bender or an active shooter incident until days or weeks after authorities decide to put out a press release if at all,” Santiago said, “leaving no active scene to document or potential witnesses to talk to and cross examine and information given from the official narrative. That fear is now gone.”
