Special Correspondent

MUMBAI: Mumbai-based filmmaker Rakesh Sharma's lawsuit has led to New York City framing for the first time, written rules governing permits for filmmakers and photographers. Under the rules, which are expected to be published soon, documentary filmmakers shooting cinema verite style will no longer need any film permit to shoot in New York.

Mr. Sharma has directed the award-winning documentary "Final Solution" based on the Gujarat riots and "Aftershocks - The Rough Guide to Democracy." The settlement last week comes in response to a federal lawsuit brought by the New York Civil Liberties Union (NYCLU) on behalf of Mr. Sharma, who was detained for several hours by police officers in May 2005 for filming on a city sidewalk in Manhattan with a hand-held video camera.

During his detention Mr. Sharma was told he had to have a film permit, but when he subsequently applied for a permit from the Mayor's Office of Film, Theatre and Broadcast (MOFTB), his application was denied.

According to a press release, the NYCLU filed the suit in January 2006, challenging the city's unwritten film-permit practices and Mr. Sharma's detention. The lawsuit against the Mayor's Office of Film, Theatre and Broadcast (MOFTB) had contended that the prohibitive $1 million insurance package required to obtain a permit was an impediment to free speech and violated the First amendment.

By agreeing to adopt the new rules and by paying Mr. Sharma damages for his permit denial, the MOFTB has now settled the lawsuit. As per the new policy, filmmakers and photographers using hand-held equipment will neither need to obtain city permits nor need to have $1 million insurance.

Mr. Sharma had also sued the New York Police Department (NYPD) for wrongful detention and illegal search of his footage while he was filming in Manhattan in May 2005. He was in New York to make a film about the lives of ordinary people, including taxi drivers, after 9/11. The NYCLU had later expanded the lawsuit to challenge the New York City Police Department's treatment of photographers and filmmakers.

Policy welcomed

Mr. Sharma said, "I'm happy that documentary filmmakers will now be able to film freely in New York without being harassed. I specially welcome the new film permit policy that exempts documentary filmmakers and photographers from unwarranted State control."

As per the settlement announced on May 24, NYPD has agreed to pay the filmmaker an unspecified sum in damages to settle the lawsuit.

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