S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1126
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:
 
   Section 1. Paragraph 6 of subdivision (a) of section 79-h of the civil
 rights law, as amended by chapter 468 of the laws of 1981, is amended to
 read as follows:
   (6) "Professional journalist" shall mean one who, for gain or  liveli-
 hood,  is engaged in gathering, preparing, collecting, writing, editing,
 filming, taping or photographing of news intended for a newspaper, maga-
 zine, news agency, press association [or], wire service or  WEB  LOG  OR
 other  professional  medium  or  agency  which has as one of its regular
 functions the processing and researching of news  intended  for  dissem-
 ination  to  the  public;  such  person shall be someone performing said
 function either as a regular employee or as one otherwise professionally
 affiliated for gain or livelihood with such medium of communication.
   § 2. Subdivision (a) of section  79-h  of  the  civil  rights  law  is
 amended by adding a new paragraph 9 to read as follows:
   (9)  "WEB LOG" SHALL MEAN A WEBSITE OR WEBPAGE THAT CONTAINS AN ONLINE
 JOURNAL CONTAINING NEWS, COMMENTS AND OFFERS HYPERLINKS PROVIDED BY  THE
 PROFESSIONAL JOURNALIST OR NEWSCASTER.
   §  3.  Subdivision  (b)  of  section  79-h of the civil rights law, as
 amended by chapter 33 of the  laws  of  1990,  is  amended  to  read  as
 follows:
   (b)   Exemption  of  professional  journalists  and  newscasters  from
 contempt: Absolute protection for confidential news. Notwithstanding the
 provisions of any general or specific law to the  contrary,  no  profes-
 sional  journalist  or  newscaster  presently  or having previously been
 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
 
 agency,  press  association,  wire service, WEB LOG, radio or television
 transmission station or network or other professional medium of communi-
 cating news or information to the public shall be adjudged  in  contempt
 by  any court in connection with any civil or criminal proceeding, or by
 the legislature or other body having contempt powers, nor shall a  grand
 jury  seek  to  have  a journalist or newscaster held in contempt by any
 court, legislature or other body having contempt powers for refusing  or
 failing  to  disclose any news obtained or received in confidence or the
 identity of the source of  any  such  news  coming  into  such  person's
 possession  in the course of gathering or obtaining news for publication
 or to be published in a newspaper, magazine, WEB LOG or for broadcast by
 a radio or television transmission station  or  network  or  for  public
 dissemination  by  any  other professional medium or agency which has as
 one of its main functions the dissemination of news to  the  public,  by
 which  such person is professionally employed or otherwise associated in
 a news gathering capacity notwithstanding that the material or  identity
 of  a  source  of such material or related material gathered by a person
 described above performing a function described above is or is not high-
 ly relevant to a particular inquiry of  government  and  notwithstanding
 that  the  information was not solicited by the journalist or newscaster
 prior to disclosure to such person.
   § 4. This act shall take effect immediately.