What's happening
This bill amends the civil rights law to extend journalist protections to those working for web logs (blogs) as well as traditional media.
Why it matters
Recognizes modern journalism by including bloggers. By explicitly adding “web logs” (blogs) to the definition of protected journalistic media, the law acknowledges that significant news gathering and reporting now happens outside of traditional newspapers, magazines, and broadcast outlets.
Expands legal protections for a wider range of reporters. People who gather and publish news through blogs could claim the same legal shield as traditional journalists, especially in refusing to reveal confidential sources or unpublished material in court, which strengthens overall press freedom.
Clarifies who qualifies for journalist protections. The bill defines a “web log” and sets out that bloggers must be engaged in news gathering for gain or livelihood, aiming to ensure that protections apply to serious, professionally motivated online journalism rather than casual or personal blogs.
Aligns law with digital realities. As media consumption and news dissemination shift online, updating the law to explicitly cover web-based reporting helps ensure that civil rights and press protections keep pace with how the public actually receives information today.
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Who cares
Headline styles
Protect Bloggers Like Journalists
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Protect Bloggers Like Journalists
In Assembly Committee · Governmental Operations · Sponsor Linda Rosenthal
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
89
2017-2018 Regular Sessions
IN SENATE (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 Assembly, 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 livelihood, is engaged in gathering, preparing, collecting, writing, editing, filming, taping or photographing of news intended for a newspaper, magazine, 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 dissemination 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 professional 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 communicating 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 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.
§ 4. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.