What Georgia’s shelter-in-place order means for the media

By Sarah Brewerton-Palmer

Georgia Gov. Brian Kemp’s shelter-in-place order to address the growing COVID-19 coronavirus crisis took effect at 6 p.m. on April 3 and will last through April 30, unless extended. Members of the media are exempt from the shelter-in-place order while they’re working, but they may need to adjust some of the ways they gather news.

Requirements of the shelter-in-in place order

The order generally requires Georgians to remain in their homes unless they are:

  • Conducting essential services (i.e. buying food, getting medicine, going to the doctor, or engaging in outdoor activities)
  • Performing necessary travel (i.e. traveling to and from the grocery store or a critical infrastructure workplace)
  • Performing minimum basic operations for a noncritical business (i.e., picking up mail at an office or obtaining equipment necessary to work from home
  • Engaging in critical infrastructure work

Courtesy of Georgia Recorder

Members of the media are considered employees of critical infrastructure organizations, as defined by the U.S. Department of Homeland Security. That designation is detailed in the handout that the governor’s office issued with the shelter-in-place order, but it takes some digging. Go to Page 15 of the handout to see that DHS’ definition of critical infrastructure includes “[w]orkers who support radio, television, and media service, including, but not limited to front-line news reporters, studio, and technicians for newsgathering, and reporting, and publishing news.”

That means news organizations of all types qualify as critical infrastructure, and their employees—not only journalists but anyone necessary to the operation of a news organization—may continue to work in the office or out in the community without violating the shelter-in-place order.

Tips for journalists

Journalists may need to show that they are exempt from the shelter-in-place order if they are stopped or questioned while working. While the governor’s order does not require you to carry proof of your critical infrastructure status, it is still a good idea to always carry with you:

  • Press identification or credentials from your employer
  • A government-issued ID, such as a driver’s license
  • A copy of Gov. Kemp’s executive order
  • A copy the handout that accompanied the order, which includes DHS’ definition of the media as critical infrastructure

If your media organization doesn’t issue identification to employees, ask your employer to create a provisional ID or provide a letter on company letterhead that verifies your position as a member of the media.

Follow the same practices advised by health care professionals to protect yourself and those with whom you come into contact:

  • Work from home as much as possible
  • Conduct interviews virtually or over the phone
  • During in-person interviews, maintain six feet of space

Tips for media organizations

If a news organization continues in-person operations—for example by continuing to use the newsroom or news studio—then the organization must follow the requirements laid out on pages 4 and 5 of the governor’s shelter-in-place order.

Sarah Brewerton-Palmer

These measures include screening workers for illness, requiring sick workers to stay home, encouraging teleworking where possible, minimizing contact among staff and enhancing sanitizing procedures.

If journalists or members of the media encounter obstacles to their work, let the Georgia First Amendment Foundation know. Reach us at info@gfaf.org.

Sarah Brewerton-Palmer, a foundation board member, is an attorney at Caplan Cobb in Atlanta.

Check out a Q&A on what government entities must do to follow open meetings and open records laws amid the coronavirus crisis and get tips for how to conduct virtual government meetings.

This article was updated on April 9, 2020, to reflect the shelter-in-place order extension through April 30.