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S4642Senate2009-2010 SessionSame asA6078

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

Sponsor Thomas K. DuaneSD-29+2 co-sponsorsAffects Legal
Status
Senate Floor Calendar
Impact
Pending
Passage
Pending

Bill progress

Step 3 of 7

Floor calendar · Mar 25

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Who cares

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Sponsors

Primary sponsor
Thomas K. Duane

Senator · Senate District 29

History

  1. Advanced to third reading
  2. 2nd report cal.
  3. 1st report cal.300
  4. Referred to codes
  5. Committed to rules
  6. Advanced to third reading
  7. 2nd report cal.
  8. 1st report cal.574
  9. Referred to codes

Companion bill

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

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 6 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.

Existing law

New bill.

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, in 2008, 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.

Earlier this year 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.

If legislation is not enacted, there will be more cases of journalist bloggers facing contempt charges and jail time. This 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 2008 and acknowledge that blogs do exist.

Legislative history

New bill.

Fiscal implications

None.

Local fiscal implications

None.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.