NY State Senate Bill 2009-S3660

Senate Bill S3660

2009-2010 Legislative Session

Protects book publishers under the shield law: journalist's right to withhold the identity of confidential sources or notes or elements of professional work

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Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to codes
Mar 27, 2009	referred to codes

co-Sponsors

2009-S3660 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Civil Rights Law
Laws Affected:: Amd §79-h, Civ Rts L
Versions Introduced in 2011-2012 Legislative Session:: S1838

2009-S3660 (ACTIVE) - Summary

Includes book publishers under the Shield Law which protects a journalist's right to withhold the identity of confidential sources or notes or elements of their professional work.

2009-S3660 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3660

 TITLE OF BILL :
An act to amend the civil rights law, in relation to protecting book
publishers under the shield law


 PURPOSE OR GENERAL IDEA OF BILL :
This bill would include the protection of books and book publishers
under the Shield Law by extending the definition of a professional
journalist to include book authors and including book publishers as
protected agents.

 SUMMARY OF SPECIFIC PROVISIONS :
Section One paragraph 6 of subdivision (a) of section 79-h of the
civil rights laws, as amended by chapter 468 of the laws of 1981, is
amended to include book publishers as a professional medium or agency
as a work of professional journalists.

Section Two subdivision (a) of section 79-h of the Civil Rights Law is
amended by adding a new paragraph (9) defining a book publisher.

Section Three subdivision (b) of section 79-h of the Civil Rights Law,
as amended by chapter 33 of the laws of 1990, is amended to include
book publishers as a professional medium under the exemption from
contempt, including absolute protection from confidential news.

Section four subdivision (c) of section 79-h of the Civil Rights Law,
as added by chapter 33 of the laws of 1990, is amended to establish
book publishers of present and previous employment of professional
journalists under the exemption from contempt, with qualified
protection for non-confidential news.

 JUSTIFICATION :
New York State's Shield Law protects professional journalists from
being held in contempt for failing to reveal the identity of
confidential sources or to turnover notes or any element of their
professional work product except under extraordinary circumstances.
The Shield Law on its face protects all professional journalists in
any medium. the definition of professional journalist carefully
drafted to ensure that no one whose profession is not clearly of a
legitimate journalistic nature is afforded the protection of the law.
While New York State courts to date have properly held the Shield Law
to cover a professional journalist working in any medium.  including a
professional author working on a manuscript for publication by a book
publisher, the absence of the specific mention of "book" or Book
publisher" is of real concern to professional journalists working in
the medium of books, due to the negative court decisions in other
states where the failure of those state statutes to specifically
mention book and book publisher was cited to hold that book authors
and publishing companies were not included.  This amendment is
intended to ensure that the legislative intent of the existing law is
respected. by not leaving any doubt that book authors and publishing
companies are of course covered by the definition of professional
journalist.

This bill does not extend the range of the Shield Law to any new
categories of people; rather. it clarifies what is already there by
specifically citing books and book publishing as a protected medium to
which the coverage of the Shield Law extends.

 PRIOR LEGISLATIVE HISTORY :
A.3480 of 2007-2008
A.9974 and S.1921 of 2006
A.5836 and S.1921 of 2005 (became inactive)
A.4860 and S.847 of 2003-2004
A.569 and S.708 of 2001-2002
A.664 and S.779 of 1999-2000
A.1588 and S.434 of 1997-1998

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S3660 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3660

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 27, 2009
                               ___________

Introduced  by  Sen.  OPPENHEIMER -- 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  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:
  (b)   Exemption  of  professional  journalists  and  newscasters  from
contempt: Absolute protection for confidential news. Notwithstanding the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01657-01-9

S. 3660                             2

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.

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Senate Bill S3660

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Sponsored By

Suzi Oppenheimer