Expands the exemption provided to professional journalists and newscasters from contempt to include employment or association with a web log; defines web log as a website or webpage that contains an online journal containing news, comments and offers hyperlinks provided by the writer.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1126
SPONSOR: Rosenthal L TITLE OF BILL:
An act to amend the civil rights law, in relation to exemptions provided
to professional journalists and newscasters from contempt
PURPOSE:
This bill expands the exemption provided to professional journalists and
newscasters from contempt to include employment or association with a
web log (blog).
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends Paragraph 6 of subdivision (a) of section 79-h of the
civil rights law, as amended by chapter 468 of the laws of 1981, to
include "web log" as a medium that can be used by a "professional jour-
nalist."
Section two amends Subdivision (a) of section 79-h of the civil rights
law by adding a new paragraph 9.
Section three amends Subdivision (b) of section 79-h of the civil rights
law, as amended by chapter 33 of the laws of 1990, to include "web log"
as a medium that a professional journalist and newscasters may use to
receive protection for confidential news and receive exemption from
contempt.
Section four sets forth the effective date.
JUSTIFICATION:
Currently, professional journalists involved with newspapers, magazines,
news agencies, press associations, wire services, radio or television
are protected from being charged with contempt of court for failing to
disclose any news obtained in confidence or failing to provide the iden-
tity of a confidential source.
New York has a proud tradition of having one of the strongest reporter's
shield laws in the country. Yet, in 2008, New York law does not provide
protections to journalist bloggers - one of the fastest growing mediums
for obtaining news. This glaring omission must not be allowed to contin-
ue.
Earlier this year a grand jury subpoena issued by the Bronx District
Attorney was sent to the blog Room 8 in an attempt to identify people
blogging anonymously on the website. The subpoena threatened the blog-
gers not to disclose the existence of the subpoena - or face possible
jail time. The subpoena was eventually withdrawn.
If legislation is not enacted, there will be more cases of journalist
bloggers facing contempt charges and jail time. This will have a chill-
ing effect on free speech and a blogger's ability to aggressively report
the news. It is time New York's shield law reflected the reality of 2008
and acknowledges that blogs do exist.
LEGISLATIVE HISTORY:
2021-22: A.2207 - Referred to Governmental Operations; S.4003 - Referred
to Codes
2019-20: A.1008 - Referred to Governmental Operations; S.431 - Referred
to Codes
2017-18: A.1249 - Referred to Governmental Operations; S.89 - Referred
to Codes
2015-16: A.371 - Referred to Governmental Operations; S.77 - Referred to
Codes
2013-14: A.727 - Referred to Governmental Operations; S.2353 - Referred
to Codes
2011-12: A.1462 - Referred to Governmental Operations; S.1232 - Referred
to Codes
2009-10: A.6078 - Referred to Governmental Operations; S.4642 - Advanced
to Third Reading
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
This bill shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
1126
2023-2024 Regular Sessions
IN ASSEMBLY
January 13, 2023
___________
Introduced by M. of A. L. ROSENTHAL, PAULIN -- read once and referred to
the Committee on Governmental Operations
AN ACT to amend the civil rights law, in relation to exemptions provided
to professional journalists and newscasters from contempt
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph 6 of subdivision (a) of section 79-h of the civil
2 rights law, as amended by chapter 468 of the laws of 1981, is amended to
3 read as follows:
4 (6) "Professional journalist" shall mean one who, for gain or liveli-
5 hood, is engaged in gathering, preparing, collecting, writing, editing,
6 filming, taping or photographing of news intended for a newspaper, maga-
7 zine, news agency, press association [or], wire service or web log or
8 other professional medium or agency which has as one of its regular
9 functions the processing and researching of news intended for dissem-
10 ination to the public; such person shall be someone performing said
11 function either as a regular employee or as one otherwise professionally
12 affiliated for gain or livelihood with such medium of communication.
13 § 2. Subdivision (a) of section 79-h of the civil rights law is
14 amended by adding a new paragraph 9 to read as follows:
15 (9) "Web log" shall mean a website or webpage that contains an online
16 journal containing news, comments and offers hyperlinks provided by the
17 professional journalist or newscaster.
18 § 3. Subdivision (b) of section 79-h of the civil rights law, as
19 amended by chapter 33 of the laws of 1990, is amended to read as
20 follows:
21 (b) Exemption of professional journalists and newscasters from
22 contempt: Absolute protection for confidential news. Notwithstanding the
23 provisions of any general or specific law to the contrary, no profes-
24 sional journalist or newscaster presently or having previously been
25 employed or otherwise associated with any newspaper, magazine, news
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00946-01-3
A. 1126 2
1 agency, press association, wire service, web log, radio or television
2 transmission station or network or other professional medium of communi-
3 cating news or information to the public shall be adjudged in contempt
4 by any court in connection with any civil or criminal proceeding, or by
5 the legislature or other body having contempt powers, nor shall a grand
6 jury seek to have a journalist or newscaster held in contempt by any
7 court, legislature or other body having contempt powers for refusing or
8 failing to disclose any news obtained or received in confidence or the
9 identity of the source of any such news coming into such person's
10 possession in the course of gathering or obtaining news for publication
11 or to be published in a newspaper, magazine, web log or for broadcast by
12 a radio or television transmission station or network or for public
13 dissemination by any other professional medium or agency which has as
14 one of its main functions the dissemination of news to the public, by
15 which such person is professionally employed or otherwise associated in
16 a news gathering capacity notwithstanding that the material or identity
17 of a source of such material or related material gathered by a person
18 described above performing a function described above is or is not high-
19 ly relevant to a particular inquiry of government and notwithstanding
20 that the information was not solicited by the journalist or newscaster
21 prior to disclosure to such person.
22 § 4. This act shall take effect immediately.
