Senate Bill S4642

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

                                  4642

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by Sens. DUANE, MONTGOMERY, VOLKER -- 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:

  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.
  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) "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.
  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
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.
                                                           LBD01467-01-9
              

S. 4642                             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.
  S 4. This act shall take effect immediately.