What's happening
This bill expands legal protections for journalists to include those working for web logs, granting them exemption from contempt for refusing to disclose confidential sources.
Why it matters
Expanding Shield Law to Bloggers. By explicitly including “web logs” in the definition of protected journalistic platforms, the bill acknowledges the evolving nature of news media and extends legal protections to online journalists, not just those in traditional outlets.
Impact on Source Confidentiality. This change means bloggers and other online journalists can legally refuse to reveal confidential sources in court, which could encourage more whistleblowers and sources to come forward with information, knowing their identity is protected.
Leveling the Playing Field. The amendment puts independent and new-media journalists on equal legal footing with employees of established newspapers, magazines, radio, and TV, which could foster more diverse voices in public reporting and increase press freedom.
Clarification of “Web Log”. By defining “web log” in law, the bill provides clearer guidance to courts about who qualifies for these protections, potentially reducing ambiguity and legal battles over the status of digital journalists.
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Who cares
Professional web log journalists
The bill would explicitly include people gathering or preparing news for web logs for gain or livelihood in the definition of professional journalist.
Journalists and newscasters associated with web logs
The bill would explicitly protect them from contempt for refusing to disclose confidential news or sources obtained in their news-gathering work.
Confidential sources for web log reporting
The bill would explicitly extend protection against compelled disclosure of their identities through contempt proceedings against covered journalists and newscasters.
Courts, grand juries and legislative bodies
The bill would expressly apply the confidential-news contempt exemption to covered journalists and newscasters currently or previously associated with web logs.
Headline styles
Protect Bloggers Like Journalists
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to governmental operations
- Referred to governmental operations
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.
Shield Bloggers Like Journalists
In Senate Committee · Codes · Sponsor Brad Hoylman-Sigal
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1008
2019-2020 Regular Sessions
IN ASSEMBLY
January 14, 2019
Introduced by M. of A. L. ROSENTHAL, PAULIN -- read once and referred to the Committee on Governmental Operations
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 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.
LBD03479-01-9
A. 1008 2
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.