News Media Source Protection Act

Summary

News Media Source Protection Act - States that the policy of the United States is to permit the flow of information from individuals through the media to the public with reasonable freedom from governmental intrusion, so that constitutional protection of a free flow of news is divested only when a compelling and overriding interest in the source of such information can be demonstrated. Sets forth the following procedural determinations needed prior to any consideration of compulsory disclosure of news media sources: (1) a demonstration that there is probable cause to believe a crime has been committed, and that the testimony sought is directly relevant to a central issue in that criminal allegation; and (2) a demonstration that no reasonable alternative for obtaining the testimony is available. Extends the protection of this Act to any legitimate member of the professional news media, including an individual regularly engaged in gathering, collecting, photographing, filming, writing, editing, interpreting, announcing, or broadcasting local, national, or worldwide events or other matters of public concern, or public interest, or affecting the public welfare, for publication or transmission through a news medium. Describes the sources of writtin, oral or pictorial information or communication to which protection under this Act is assured. Provides that no legitimate member of the professional news media shall be held in contempt, or adversely prejudiced, before any grand jury, agency, department, or commission of the United States or by either House of or any committee of Congress for refusing to disclose information or communication as to news media sources. States that where a person seeks disclosure of any news media information or communication from a person who is a legitimate member of the professional news media and who refuses to make such disclosure in a proceeding before any Federal court of the United States, such person seeking disclosure may apply to a United States district court for an order providing such disclosure. Requires such application to state in writing the name of any specific individual from whom disclosure is sought, the specific nature of the source or content of information sought, the direct relevance of such evidence, and any information demonstrating that such evidence is not reasonably available by alternative means. Allows appeals as a matter of rights, of any order entered pursuant to an application under this Act, and permits a stay of such order. Provides that an application for disclosure shall be granted when the applicant has established that the person seeking protection of a source is not a legitimate member of the professional news media, or that the information sought is not a news media information source, or information or communication affecting a news media source. Permits the granting of an application for disclosure when: (1) the applicant has established that the source to be disclosed is of substantial and direct relevance to a central issue of the action; (2) the applicant is able to demonstrate that the source is not reasonably available by alternative means; and (3) the action which is the subject of the court proceeding is murder, forcible rape, aggravated assault, kidnaping, airline hijacking, or when a breach of national security has been established. Allows a person to waive rights and protections afforded under this Act.

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1 official file

• Introduced in Senate

  summary · EN · 11 January 1973

  Open at official source

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