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- Referred to codes
- Referred to codes
Companion bill
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Expands the exemption provided to professional journalists and newscasters from contempt to include employment or association with a web log
In Assembly Committee · Governmental Operations · Sponsor Linda Rosenthal
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 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, in 2011, 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.
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 The subpoena was eventually withdrawn.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 bloager's ability to aggressively report the news. It is time New York's shield law reflected the reality of 2011 and acknowledge that blogs do exist.
Legislative history
S.8746 of 2008 (Duane):Died in Rules S.4642 of 2009-2010 (Duane): Advanced to Third Reading A.6078 of 2009-2010 (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.2353 of 2013-2014 (Hoylman):Died in Codes A.727 of 2013-2014 (Rosenthal): Died in Governmental Operations
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.