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S09953 Summary:

BILL NOS09953
 
SAME ASSAME AS A02086
 
SPONSORBOTTCHER
 
COSPNSR
 
MLTSPNSR
 
Amd §79-h, Civ Rts L
 
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.
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S09953 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9953
 
                    IN SENATE
 
                                     April 17, 2026
                                       ___________
 
        Introduced  by Sen. BOTTCHER -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes
 
        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
    26  agency, press association, wire service, web log,  radio  or  television
    27  transmission station or network or other professional medium of communi-
    28  cating  news  or information to the public shall be adjudged in contempt
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05855-01-5

        S. 9953                             2
 
     1  by any court in connection with any civil or criminal proceeding, or  by
     2  the  legislature or other body having contempt powers, nor shall a grand
     3  jury seek to have a journalist or newscaster held  in  contempt  by  any
     4  court,  legislature or other body having contempt powers for refusing or
     5  failing to disclose any news obtained or received in confidence  or  the
     6  identity  of  the  source  of  any  such  news coming into such person's
     7  possession in the course of gathering or obtaining news for  publication
     8  or to be published in a newspaper, magazine, web log or for broadcast by
     9  a  radio  or  television  transmission  station or network or for public
    10  dissemination by any other professional medium or agency  which  has  as
    11  one  of  its  main functions the dissemination of news to the public, by
    12  which such person is professionally employed or otherwise associated  in
    13  a  news gathering capacity notwithstanding that the material or identity
    14  of a source of such material or related material gathered  by  a  person
    15  described above performing a function described above is or is not high-
    16  ly  relevant  to  a particular inquiry of government and notwithstanding
    17  that the information was not solicited by the journalist  or  newscaster
    18  prior to disclosure to such person.
    19    § 4. This act shall take effect immediately.
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