NY State Senate Bill 2015-S77

Senate Bill S77

2015-2016 Legislative Session

Expands the exemption provided to professional journalists and newscasters from contempt to include employment or association with a web log

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to codes
Jan 07, 2015	referred to codes

2015-S77 (ACTIVE) - Details

See Assembly Version of this Bill:: A371
Current Committee:: Senate Codes
Law Section:: Civil Rights Law
Laws Affected:: Amd §79-h, Civ Rts L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S4642, A6078
2011-2012: S1232, A1462
2013-2014: S2353, A727
2017-2018: S89, A1249
2019-2020: S431, A1008
2021-2022: S4003, A2207
2023-2024: S2439, A1126
2025-2026: S3846, A2086

2015-S77 (ACTIVE) - Summary

Expands the exemption provided to professional journalists and newscasters from contempt to include employment or association with a web log; defines web log as a website or webpage that contains an online journal containing news, comments and offers hyperlinks provided by the writer.

2015-S77 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S77

 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, in 2011, 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.

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.

If legislation is not enacted, there will be more cases of journalist
bloggers facing contempt charges and jail time. This will have a
chilling effect on free speech and a bloager's ability to aggressively
report the news. It is time New York's shield law reflected the
reality of 2011 and acknowledge that blogs do exist.

 LEGISLATIVE HISTORY :  S.8746 of 2008 (Duane):Died in Rules S.4642 of
2009-2010 (Duane): Advanced to Third Reading A.6078 of 2009-2010
(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.2353 of 2013-2014 (Hoylman):Died in Codes
A.727 of 2013-2014 (Rosenthal): Died in Governmental Operations

 FISCAL IMPLICATIONS : None.

 EFFECTIVE DATE : This act shall take effect immediately.

2015-S77 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   77

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

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  ASSEM-
BLY, 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 liveli-
hood, is engaged in gathering, preparing, collecting, writing,  editing,
filming, taping or photographing of news intended for a newspaper, maga-
zine,  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 dissem-
ination 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.
  S  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.
  S 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 profes-
sional journalist or newscaster  presently  or  having  previously  been

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD01377-01-5

S. 77                               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 communi-
cating  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 high-
ly  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.
  S 4. This act shall take effect immediately.

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