When in Doubt, Keep Them Out: Media Access is Key to Accountability in the Gulf

Amy Masciola
Special to AC360°

There is a pervasive culture of secrecy and hostility toward the press that leads authorities and responders—at every level—to block the media.

The explosion on the Deepwater Horizon offshore oil rig in April killed eleven workers, and led to the biggest oil spill and one of the worst environmental catastrophes in U.S. history. The spill and its effects on the economy, the environment, and the people of the Gulf region will be an important story for months, if not years, to come. Journalists must have unfettered and unfiltered access to sources, places, and people in order to tell that story. But every day, we hear reports that journalists continue to be denied access. I traveled to Louisiana last week to investigate those reports for the American Federation of Television and Radio Artists (AFTRA).

It is clear that obstacles to access remain despite repeated statements by BP and Unified Command that the press will have unfettered access to cover the disaster. Confusion on the part of authorities at every level, and a lack of coherent, consistent information flowing from Unified Command’s Joint Information Center (JIC) to local responders has often made it difficult for journalists to do their jobs. Even more disturbing is the pervasive culture of secrecy and hostility toward the press that leads authorities and responders—at every level—to block the media. The default position seems to be “when in doubt, keep them out.”

From the beginning of the disaster, journalists have faced obstacles large and small in their attempts to cover this story, from newspaper photographers being denied permission to fly over the spill to news crews being threatened with arrest. On June 30, the Coast Guard designated a 65-foot perimeter around booming operations and stated that anyone caught within the 65-foot “safety zone” would be subject to a fine of up to $40,000 or jail time. After an outcry by a host of organizations and news outlets, the Coast Guard rescinded the directive. In announcing the change, Admiral Thad Allen said, “the press are [sic] to have clear, unfettered access to this event.” Unfortunately, that has not been the case.

I spent just 24 hours in Grand Isle, Louisiana, and in that time two reporters on the island (that I know of) were denied access by authorities as they tried to investigate the story. CBS News correspondent August Skamenca believed that the credential he received from the JIC guaranteed him the “unfettered access” that Admiral Allen had promised only two days earlier. He was wrong: last Wednesday afternoon, Skamenca went out to the beach to get a closer look at cleanup operations and to see if there were tar balls and oil coming ashore. He was stopped by deputies who told him that he could not go within 65 feet of the boom (which stretches the length of the beach in both directions) without an escort. A Coast Guard officer who arrived on the scene confirmed the deputies’ contention. Despite having followed the instructions he received from the JIC and carrying a JIC-issued credential that said nothing about a required escort, Skamenca was still blocked.

The same day, I heard from a reporter who had been detained that morning by five sheriff’s deputies near the island’s Command Center. The reporter, who was referred to the Command Center by two Grand Isle City Councilors, was simply trying to get a credential to visit the beach. After being twice misdirected, first by a sheriff’s deputy and then by a BP contractor, he was finally told that the press is not allowed on the premises, and no one could explain to him how to get a proper credential. He eventually gave up on the credential and went into the marina store to buy a soda. As he was talking to the clerk, five deputies came into the store to question him. One deputy took his reporters’ notebook and started flipping through his notes. When he protested, the deputy said the reporter was “part of an investigation” and the deputies could confiscate his notes as part of said investigation. Eventually, he was allowed to leave the premises.

It’s clear there is a serious disconnect between Admiral Allen’s directives and the local responders and authorities who control access on the ground. Not only are the Admiral’s directives not filtering down, there are no specific guidelines for the media on how to gain access and safely conduct themselves in the safety zone. According to a May 31 memo from Admiral Allen, the JIC will provide “any necessary ground rules” for media who need access to cleanup or other response operations. I could not find any published ground rules on the official response website. I called the JIC on Thursday morning and spoke with Coast Guard Lieutenant Eric Eggen, who could not provide or direct me to rules or guidelines for the press operating near cleanup operations. Lieutenant Eggen referred me to BP spokesperson John Curry who simply repeated the mantra that BP has “provided unprecedented access” to media covering the oil spill. Curry could not direct me to any rules or guidelines for the press and said he would have someone else call me back. I’m still waiting. In the absence of rules, local authorities and BP contractors simply make them up as they go along.

Our democracy depends on journalists’ ability to uncover the truth. They are on the front lines of the war on secrecy. Now is the time to demand that journalists have unfettered access to the locations, documents, and people they need to fully cover this story.

AFTRA is monitoring media access issues in the Gulf and wants to hear from journalists who have been denied access by any corporate or government entity. We will work with our members in the various industries that we represent—broadcast journalists, actors, singers, dancers, and other performers—to build support for full media access. For more information about this initiative, visit www.aftra.com/access4media.htm or e-mail me, Amy Masciola, at amasciola@aftra.com.