GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1999

H	1 

HOUSE BILL 1200

Short Title:  Journalists' Testimonial Privilege.	(Public)

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Sponsors: Representative Miller.

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Referred to:  Judiciary I.

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April 15, 1999

A BILL TO BE ENTITLED
AN ACT TO PROMOTE THE FREE FLOW OF INFORMATION TO THE PEOPLE OF NORTH CAROLINA BY CODIFYING THE JOURNALISTS' TESTIMONIAL PRIVILEGE.
The General Assembly of North Carolina enacts:
Section 1.  Article 7 of Chapter 8 of the General Statutes is amended by adding a new section to read:
"§ 8-53.9.  Persons, companies, or other entities engaged in gathering or dissemination of news.
(a)	Definitions.  The following definitions apply in this section:
(1)	Journalist. – Any person, company, or entity engaged in gathering, compiling, writing, editing, photographing, recording, or processing information for dissemination via any news medium.
(2)	Legal proceeding. – Any grand jury proceeding or investigation; any criminal prosecution, civil suit, or related proceeding in any court; and, any judicial or quasi-judicial proceeding before any administrative, legislative, or regulatory board, agency, or tribunal.
(3)	News medium. – Any entity regularly engaged in the publication or distribution of news via printed or electronic means.
(b)	No journalist shall be compelled to disclose in any legal proceeding the identity of any confidential informant or the contents or source of any confidential information obtained while acting as a journalist.
(c)	Notwithstanding any other provision of law, a journalist has a qualified privilege against disclosure in any legal proceeding of any nonconfidential information, document, or item obtained or prepared while acting as a journalist.
(d)	In order to overcome the qualified privilege provided by subsection (c) of this section, any person seeking to compel a journalist to testify or produce information must establish by clear and convincing evidence that the testimony or production sought:
(1)	Is relevant and material to the proper administration of the legal proceeding for which the testimony or production is sought;
(2)	Cannot be obtained from alternate sources; and
(3)	Is critical or necessary to the maintenance of a claim or defense of the person on whose behalf the testimony or production is sought.
Any order to compel any testimony or production as to which the qualified privilege has been asserted shall be issued only after a hearing and shall include clear and specific findings as to the showing made by the person seeking the testimony or production.
(e)	In a proceeding to quash any subpoena on the basis of any privilege established by this section, the court may, after conducting a hearing, grant reasonable attorney fees and expenses to the prevailing party."
Section 2.  This act becomes effective December 1, 1999, and applies to all actions and proceedings pending in the courts of this State on or after that date.