Amendment ID: S3200-17-R1

Redraft Amendment 17

Press Shield

Ms. Rausch, Messrs. Mark and Keenan, Ms. Edwards, Messrs. Lewis, Eldridge, Finegold and Tarr, Ms. Jehlen, Ms. Lovely and Mr. Montigny move that the proposed new text be amended by inserting after section 7 the following section:-

SECTION 7A. Chapter 233 of the General Laws is hereby amended by inserting after section 20O the following section:-

Section 20P. (a) For the purposes of this section, the following terms shall have the following meanings unless the context clearly requires otherwise:

“Journalism”, gathering, preparing, collecting, photographing, recording, writing, editing, reporting, investigating, or publishing news or information that concerns local, national, or international events or other matters of public interest for dissemination to the public.

“Journalist”, a person who is or was engaged in journalism as an employee, agent, or independent contractor of a news organization at the time the news or information sought was obtained or received; or the news organization for which such person was engaged, and any supervisor, parent company, subsidiary, or affiliate thereof at the time the news or information sought was obtained or received.

“News organization”, a newspaper, magazine, publication, book publisher, wire service, radio or television station or network, or other professional organization with a principal function of regularly disseminating news to the public.

(b) No court, grand jury, or judicial, executive, legislative, administrative or other body with the power to issue a subpoena or other compulsory process shall compel a journalist or news organization to testify about, produce or otherwise disclose: (i) the identity of a confidential source of information; or (ii) any information that would tend to identify such a confidential source; except as otherwise provided in this section.

(c) A court may compel disclosure of the identity of a confidential source or of information that would tend to identify any such confidential source, only upon a finding, after the journalist has been provided notice and an opportunity to be heard, that the party seeking such identity or information has established by clear and convincing evidence that such identity or information is: (i) material and relevant; (ii) critical or necessary to the maintenance of a party’s claim, defense or proof of an issue highly material thereto; (iii) not obtainable from any alternative source; and (iv) there is an overriding public interest in the disclosure.

(d) An order compelling disclosure under subsection (c) shall be limited to such portion or portions of the information sought as to which the showing required by said subsection (c) has been made and shall be supported by clear and specific findings made after a hearing.

(e) The provisions of this section shall apply to a subpoena or other compulsory process issued to a custodian or recordkeeper other than a journalist if the records or information sought would reveal the identity of a confidential source or would tend to identify such a confidential source. The party seeking the records or information shall provide the affected journalist or news organization, if known or reasonably ascertainable, with notice and an opportunity to be heard before disclosure; and the custodian or recordkeeper shall not disclose the records or information unless a court orders such disclosure upon the findings required by subsection (c).

(f) Nothing in this section shall be construed to deny or infringe upon the rights of a defendant in a criminal prosecution guaranteed by the Constitution of the United States or the Constitution of the commonwealth.