N.Y. Civil Rights Law § 79-h: Special provisions relating to persons employed by, or connected with, news media

§ 79-h. Special provisions relating to persons employed by, or

connected with, news media.

(a) Definitions. As used in this section, the following definitions

shall apply:

(1) "Newspaper" shall mean a paper that is printed and distributed

ordinarily not less frequently than once a week, and has done so for at

least one year, and that contains news, articles of opinion (as

editorials), features, advertising, or other matter regarded as of

current interest, has a paid circulation and has been entered at United

States post-office as second-class matter.

(2) "Magazine" shall mean a publication containing news which is

published and distributed periodically, and has done so for at least one

year, has a paid circulation and has been entered at a United States

post-office as second-class matter.

(3) "News agency" shall mean a commercial organization that collects

and supplies news to subscribing newspapers, magazines, periodicals and

news broadcasters.

(4) "Press association" shall mean an association of newspapers and/or

magazines formed to gather and distribute news to its members.

(5) "Wire service" shall mean a news agency that sends out syndicated

news copy by wire to subscribing newspapers, magazines, periodicals or

news broadcasters.

(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

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.

(7) "Newscaster" shall mean a person who, for gain or livelihood, is

engaged in analyzing, commenting on or broadcasting, news by radio or

television transmission.

(8) "News" shall mean written, oral, pictorial, photographic, or

electronically recorded information or communication concerning local,

national or worldwide events or other matters of public concern or

public interest or affecting the public welfare.

(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

agency, press association, wire service, 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, 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.

(c) Exemption of professional journalists and newscasters from

contempt: Qualified protection for nonconfidential 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 agency, press association, wire service, radio or

television transmission station or network or other professional medium

of communicating news 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 unpublished news obtained or prepared by a

journalist or newscaster in the course of gathering or obtaining news as

provided in subdivision (b) of this section, or the source of any such

news, where such news was not obtained or received in confidence, unless

the party seeking such news has made a clear and specific showing that

the news: (i) is highly material and relevant; (ii) is critical or

necessary to the maintenance of a party's claim, defense or proof of an

issue material thereto; and (iii) is not obtainable from any alternative

source. A court shall order disclosure only of such portion, or

portions, of the news sought as to which the above-described showing has

been made and shall support such order with clear and specific findings

made after a hearing. The provisions of this subdivision shall not

affect the availability, under appropriate circumstances, of sanctions

under section thirty-one hundred twenty-six of the civil practice law

and rules.

(d) Any information obtained in violation of the provisions of this

section shall be inadmissible in any action or proceeding or hearing

before any agency.

(e) No fine or imprisonment may be imposed against a person for any

refusal to disclose information privileged by the provisions of this

section.

(f) The privilege contained within this section shall apply to

supervisory or employer third person or organization having authority

over the person described in this section.

(g) Notwithstanding the provisions of this section, a person entitled

to claim the exemption provided under subdivision (b) or (c) of this

section waives such exemption if such person voluntarily discloses or

consents to disclosure of the specific information sought to be

disclosed to any person not otherwise entitled to claim the exemptions

provided by this section.