N.Y. CVR Law § 79-H — New York Code / Act CVR / Article 7 / Section 79-H
Special provisions relating to persons employed by, or connected with, news media
Status: in_force

§ 79-h. Special provisions relating to persons employed by, or\nconnected with, news media.\n  (a) Definitions. As used in this section, the following definitions\nshall apply:\n  (1) "Newspaper" shall mean a paper that is printed and distributed\nordinarily not less frequently than once a week, and has done so for at\nleast one year, and that contains news, articles of opinion (as\neditorials), features, advertising, or other matter regarded as of\ncurrent interest, has a paid circulation and has been entered at United\nStates post-office as second-class matter.\n  (2) "Magazine" shall mean a publication containing news which is\npublished and distributed periodically, and has done so for at least one\nyear, has a paid circulation and has been entered at a United States\npost-office as second-class matter.\n  (3) "News agency" shall mean a commercial organization that collects\nand supplies news to subscribing newspapers, magazines, periodicals and\nnews broadcasters.\n  (4) "Press association" shall mean an association of newspapers and/or\nmagazines formed to gather and distribute news to its members.\n  (5) "Wire service" shall mean a news agency that sends out syndicated\nnews copy by wire to subscribing newspapers, magazines, periodicals or\nnews broadcasters.\n  (6) "Professional journalist" shall mean one who, for gain or\nlivelihood, is engaged in gathering, preparing, collecting, writing,\nediting, filming, taping or photographing of news intended for a\nnewspaper, magazine, news agency, press association or wire service or\nother professional medium or agency which has as one of its regular\nfunctions the processing and researching of news intended for\ndissemination to the public; such person shall be someone performing\nsaid function either as a regular employee or as one otherwise\nprofessionally affiliated for gain or livelihood with such medium of\ncommunication.\n  (7) "Newscaster" shall mean a person who, for gain or livelihood, is\nengaged in analyzing, commenting on or broadcasting, news by radio or\ntelevision transmission.\n  (8) "News" shall mean written, oral, pictorial, photographic, or\nelectronically recorded information or communication concerning local,\nnational or worldwide events or other matters of public concern or\npublic interest or affecting the public welfare.\n  (b) Exemption of professional journalists and newscasters from\ncontempt:  Absolute protection for confidential news. Notwithstanding\nthe provisions of any general or specific law to the contrary, no\nprofessional journalist or newscaster presently or having previously\nbeen employed or otherwise associated with any newspaper, magazine, news\nagency, press association, wire service, radio or television\ntransmission station or network or other professional medium of\ncommunicating news or information to the public shall be adjudged in\ncontempt by any court in connection with any civil or criminal\nproceeding, or by the legislature or other body having contempt powers,\nnor shall a grand jury seek to have a journalist or newscaster held in\ncontempt by any court, legislature or other body having contempt powers\nfor refusing or failing to disclose any news obtained or received in\nconfidence or the identity of the source of any such news coming into\nsuch person's possession in the course of gathering or obtaining news\nfor publication or to be published in a newspaper, magazine, or for\nbroadcast by a radio or television transmission station or network or\nfor public dissemination by any other professional medium or agency\nwhich has as one of its main functions the dissemination of news to the\npublic, by which such person is professionally employed or otherwise\nassociated in a news gathering capacity notwithstanding that the\nmaterial or identity of a source of such material or related material\ngathered by a person described above performing a function described\nabove is or is not highly relevant to a particular inquiry of government\nand notwithstanding that the information was not solicited by the\njournalist or newscaster prior to disclosure to such person.\n  (c) Exemption of professional journalists and newscasters from\ncontempt:  Qualified protection for nonconfidential news.\nNotwithstanding the provisions of any general or specific law to the\ncontrary, no professional journalist or newscaster presently or having\npreviously been employed or otherwise associated with any newspaper,\nmagazine, news agency, press association, wire service, radio or\ntelevision transmission station or network or other professional medium\nof communicating news to the public shall be adjudged in contempt by any\ncourt in connection with any civil or criminal proceeding, or by the\nlegislature or other body having contempt powers, nor shall a grand jury\nseek to have a journalist or newscaster held in contempt by any court,\nlegislature, or other body having contempt powers for refusing or\nfailing to disclose any unpublished news obtained or prepared by a\njournalist or newscaster in the course of gathering or obtaining news as\nprovided in subdivision (b) of this section, or the source of any such\nnews, where such news was not obtained or received in confidence, unless\nthe party seeking such news has made a clear and specific showing that\nthe news: (i) is highly material and relevant; (ii) is critical or\nnecessary to the maintenance of a party's claim, defense or proof of an\nissue material thereto; and (iii) is not obtainable from any alternative\nsource. A court shall order disclosure only of such portion, or\nportions, of the news sought as to which the above-described showing has\nbeen made and shall support such order with clear and specific findings\nmade after a hearing. The provisions of this subdivision shall not\naffect the availability, under appropriate circumstances, of sanctions\nunder section thirty-one hundred twenty-six of the civil practice law\nand rules.\n  (d) Any information obtained in violation of the provisions of this\nsection shall be inadmissible in any action or proceeding or hearing\nbefore any agency.\n  (e) No fine or imprisonment may be imposed against a person for any\nrefusal to disclose information privileged by the provisions of this\nsection.\n  (f) The privilege contained within this section shall apply to\nsupervisory or employer third person or organization having authority\nover the person described in this section.\n  (g) Notwithstanding the provisions of this section, a person entitled\nto claim the exemption provided under subdivision (b) or (c) of this\nsection waives such exemption if such person voluntarily discloses or\nconsents to disclosure of the specific information sought to be\ndisclosed to any person not otherwise entitled to claim the exemptions\nprovided by this section.\n