S T A T E O F N E W Y O R K
________________________________________________________________________
3184
2009-2010 Regular Sessions
I N A S S E M B L Y
January 23, 2009
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Introduced by M. of A. GALEF, TOWNS, SWEENEY, ALFANO -- Multi-Sponsored
by -- M. of A. BARRA, BENJAMIN, CANESTRARI -- read once and referred
to the Committee on Governmental Operations
AN ACT to amend the civil rights law, in relation to protecting book
publishers under the shield law
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, BOOK PUBLISHER, news agency, press association or wire service 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.
S 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) "BOOK PUBLISHER" SHALL MEAN A CORPORATION, COMPANY, PARTNERSHIP OR
SOLE PROPRIETORSHIP THAT ROUTINELY PREPARES OR ISSUES FOR PUBLIC
DISTRIBUTION OR SALE BOOKS, WHETHER WRITTEN OR AUDIO, AND WHETHER IN
PRINT, ON TAPE, ON DISK, OR IN ANY ELECTRONIC OR OTHER MEDIUM, CONCERN-
ING LOCAL, NATIONAL OR WORLDWIDE EVENTS, OR OTHER MATTERS OF PUBLIC
INTEREST OR AFFECTING THE PUBLIC WELFARE.
S 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:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01657-01-9
A. 3184 2
(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, BOOK
PUBLISHER, news agency, press association, wire service, radio or tele-
vision transmission station or network or other professional medium of
communicating news or information to the public shall be adjudged in
contempt by any court in connection with any civil or criminal proceed-
ing, 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, 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 materi-
al 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 highly 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.
S 4. Subdivision (c) of section 79-h of the civil rights law, as added
by chapter 33 of the laws of 1990, is amended to read as follows:
(c) Exemption of professional journalists and newscasters from
contempt: Qualified protection for nonconfidential news. Notwithstanding
the provisions of any general or specific law to the contrary, no
professional journalist or newscaster presently or having previously
been employed or otherwise associated with any newspaper, magazine, BOOK
PUBLISHER, news agency, press association, wire service, radio or tele-
vision transmission station or network or other professional medium of
communicating news 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 fail-
ing to disclose any unpublished news obtained or prepared by a journal-
ist or newscaster in the course of gathering or obtaining news as
provided in subdivision (b) of this section, or the source of any such
news, where such news was not obtained or received in confidence, unless
the party seeking such news has made a clear and specific showing that
the news: (i) is highly material and relevant; (ii) is critical or
necessary to the maintenance of a party's claim, defense or proof of an
issue material thereto; and (iii) is not obtainable from any alternative
source. A court shall order disclosure only of such portion, or
portions, of the news sought as to which the above-described showing has
been made and shall support such order with clear and specific findings
made after a hearing. The provisions of this subdivision shall not
affect the availability, under appropriate circumstances, of sanctions
under section thirty-one hundred twenty-six of the civil practice law
and rules.
S 5. This act shall take effect immediately.