Noach Newman and others sued the Associated Press (AP), alleging that its use of freelance photographers with ties to Hamas contributed to the October 7, 2023, attacks in Israel. Newman and the other plaintiffs, who were either present at the attacks or affected by them, claimed AP’s publication of photos taken by these freelancers supported Hamas’s goals and amplified the terror group’s propaganda through social media. The court dismissed the case, finding plaintiffs’ allegations insufficient to proceed under federal and state anti-terrorism laws.
Plaintiffs’ claims focused on photographers and social media use
Plaintiffs argued that AP hired freelance photographers who were allegedly embedded with Hamas. The lawsuit claimed that these photographers knew of the attacks in advance, arrived at the scene alongside militants, and provided images to AP, which were then published in real time. According to plaintiffs, the publication of these photos—many of which later circulated on social media—acted as propaganda for Hamas, boosting its visibility and influence.
Plaintiffs also alleged that payments from AP to the photographers indirectly funded Hamas. They argued that defendant’s actions—hiring freelancers and publishing their content—both increased Hamas’s resources and legitimized its actions globally.
AP argued protections for journalism and lack of intent
Defendant filed a motion to dismiss, asserting that its publication of the photos was protected under the First Amendment. Defendant contended that it had no knowledge of any connection between the freelance photographers and Hamas and that hiring freelancers to document breaking news is a standard practice in journalism.
Additionally, defendant argued that plaintiffs failed to establish causation. Specifically, there was no evidence showing that defendant’s actions directly contributed to the attacks or to plaintiffs’ injuries.
Court dismissed the lawsuit
The court ruled in favor of the AP, finding that plaintiffs’ allegations did not demonstrate that AP knowingly supported terrorism. While the court acknowledged that the freelance photographers may have had ties to Hamas, there was no evidence showing defendant was aware of those affiliations at the time of hiring or publication. The court also determined that publishing truthful, newsworthy images, even if later shared on social media or repurposed as propaganda, did not amount to aiding terrorism.
Finally, the court noted that plaintiffs failed to prove causation. Plaintiffs provided no evidence that defendant’s publication of the photos influenced the attack or exacerbated their injuries.
Three reasons why this case matters
- intersection of social media and news reporting: The case highlights how widely shared news content can take on new life on platforms such as Instagram and X, raising questions about journalistic responsibility.
- Legal standards for reporting on terrorism: The decision reaffirms protections for journalists who document global events, even when their work involves sensitive subjects such as terrorism.
- The role of freelancers in news gathering: It underscores the complexities of relying on freelancers in conflict zones and the need for media organizations to vet contributors carefully.
Newman v. Associated Press, No. 1:24-cv-20684-KMM, 2024 WL 5063288 (S.D. Fla. Dec. 10, 2024).