NY State Senate Bill 2017-S89

Senate Bill S89

2017-2018 Legislative Session

Expands the exemption provided to professional journalists and newscasters from contempt to include employment or association with a web log

download bill text pdf

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to codes
Jan 04, 2017	referred to codes

2017-S89 (ACTIVE) - Details

See Assembly Version of this Bill:: A1249
Current Committee:: Senate Codes
Law Section:: Civil Rights Law
Laws Affected:: Amd §79-h, Civ Rts L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S4642, A6078
2011-2012: S1232, A1462
2013-2014: S2353, A727
2015-2016: S77, A371
2019-2020: S431, A1008
2021-2022: S4003, A2207
2023-2024: S2439, A1126

2017-S89 (ACTIVE) - Summary

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.

2017-S89 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S89

 TITLE OF BILL :

An act to amend the civil rights law, in relation to exemptions
provided to professional journalists and newscasters from contempt

 PURPOSE :

Expands the exemption provided to professional journalists and
newscasters from contempt to include employment or association with a
web log (blog).

 SUMMARY OF PROVISIONS :

Section One of the bill amends paragraph 8 of subdivision (a) of
section 79-h of the civil rights to include "web log" as a medium that
can be used by a "professional journalist."

Section Two of the bill amends subdivision (a) of section 79-h of the
civil rights law by adding a new paragraph 9 to define "web log" as a
website or webpage that contains an online journal containing news,
comments and offers hyperlinks provided by the professional journalist
or newscaster.

Section Three amends subdivision (b) of section 79-h of the civil

rights law to include "web log" as a medium that a professional
journalist and newscasters may use to receive protection for
confidential news and receive exemption from contempt.

 JUSTIFICATION :

Currently, professional journalists involved with newspapers,
magazines, news agencies, press associations, wire services, radio or
television are protected from being charged with contempt of court for
failing to disclose any news obtained in confidence or failing to
provide the identity of a confidential source.

New York has a proud tradition of having one of the strongest
reporter's shield laws in the country. Yet currently New York law does
not provide protections to journalist bloggers - one of the fastest
growing mediums for obtaining news. This glaring omission must not be
allowed to continue.

In 2008, a grand jury subpoena issued by the Bronx District Attorney
was sent to the blog Room 8 in an attempt to identify people blogging
anonymously on the website. The subpoena threatened the bloggers not
to disclose the existence of the subpoena - or face possible jail
time. The subpoena was eventually withdrawn.

Continuing to exempt journalist bloggers from New York's shield law
will have a chilling effect on free speech and a blogger's ability to
aggressively report the news. It is time New York's shield law
reflected the reality of today and acknowledge that blogs do exist.

 LEGISLATIVE HISTORY :

S.77 of 2015-2016 (Hoylman): Died in Codes
A.371 of 2015-2016 (Rosenthal): Died in Governmental Operations
S.2353 of 2013-2014 (Hoylman): Died in Codes
A.727 of 2013-2014 (Rosenthal): Died in Governmental Operations
S.1232 of 2011-2012 (Duane): Died in Codes
A.1462 of 2011-2012 (Rosenthal): Died in Governmental Operations
S.4642 of 2009-2010 (Duane): Advanced to Third Reading
A.6078 of 2009-2010 (Rosenthal): Died in Governmental Operations
S.8746 of 2008 (Duane): Died in Rules
 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S89 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    89
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- 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.
   §  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD04954-01-7

 S. 89                               2
 
 employed  or  otherwise  associated  with  any newspaper, magazine, news
 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.

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