An Act To Shield Journalists' COilfidential Sources
Maine Legislature, Session 123, LD 2047
Committee: Judiciary
Sponsors: HINCK, BRAUTIGAM, CONOVER, DILL, HARLOW, WATSON, DAMON, HOBBINS
Amends: 16 MRSA §61

Legislative Document 
No. 2047 
H.P.1431 
House of Representatives, December 21,2007 
An Act To Shield Journalists' COilfidential Sources 
(EMERGENCY) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Clerk of the House on December 19,2007. Referred to the Committee on 
Judiciary pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401. 
Presented by Representative HINCK of Portland. 
~/J7.~ 
MILliCENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: BRAUTIGAM of Falmouth, CONOVER of Oakland, DILL 
of Cape Elizabeth, HARLOW of Portland, WATSON of Bath, Senators: DAMON of Hancock, 
HOBBINS of York. 
Printed on recycled paper 
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Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, recent events involving the jailing of journalists in other jurisdictions 
creates doubts that journalists can legally protect their confidential sources, giving rise to 
a chilling effect in the ability of journalists to conduct their jobs; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
lOBe it enacted by the People of the State of Maine as follows: 
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Sec. 1. 16 MRSA §61 is enacted to read: 
§61. Shielding journalist's confidential sources 
1. Compelled disclosure prohibited. A judicial, legislative, administrative or other 
body with the power to issue a subpoena may not compel a journalist tG _;;:stifY about, 
produce or otherwise disclose or adjudge the journalist in contempt for refusal to testifY 
about, produce or disclose: 
A. The identity of a confidential source of any information; 
B. Any information that could be used to identify a confidential source; 
C. Any information obtained or received in confidence by the journalist acting in the 
journalistic capacity of gathering, receiving, transcribing or processing news or 
information for potential dissemination to the public; or 
D. Data, including, but not limited to, notes, drafts, outtakes, photographs, video or 
sound tapes, fi 1m or other data of any sort in any medium. 
2. Exceptions allowiDg compelled disclosure. A court may compel disclosure of 
the identity of a source or information described in subsection 1 if the court finds, after 
the journalist has been provided notice and the opportunity to be heard, that the party 
seeking the identity of the source or the information has established by clear and 
convincing evidence: 
A. In a criminal investigation or prosecution, based on information obtained from a 
source other than the iournalist, that there are reasonable grounds to believe that a 
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crime has occurred; 
B. In a civil action or proceeding, based on information obtained from a source other 
than the journalist, that there is a prima facie cause of action; or 
C. In all matters, whether criminal or civil, that: 
(I) The identity of the source or the information is highly material and relevant; 
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(2) The identity of the source or the information is critical or necessary to the 
maintenance of a party's claim, defense or proof of an issue material to the claim 
or defense; 
(3) The identity of the source or the information is not obtainable from any 
alternative source; and 
(4) There is an overriding.public interest in the disclosure. 
3. 
Compelled disclosure from 3rd parties. 
The protection from compelled 
disclosure contained in subsection I also applies with respect to any subpoena issued to, 
or other compulsory process against, a 3rd party that seeks records, information or other 
communications relating to business transactions between the 3rd party and the journalist 
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for the purpose of discovering the identity of the source or obtaining information 
described in subsection I. 
Whenever a subpoena is issued to, or other compulsory 
process is issued against, a 3rd party that seeks records, information or other 
communications on business transactions with the journalist, the affected journalist must 
be given reasonable and timely notice of the subpoena or compulsory process before it is 
executed or initiated and an opportunity to be heard. 
In the event that the subpoena 
issued to, or other compulsory process against, the 3rd party is in connection with a 
criminal investigation in which the journalist is the express target and advance notice as 
provided in this section would pose a clear and substantial threat to the integrity of the 
investigation, the governmental authority shall so certify to such a threat in court and 
notification of the subpoena of compulsory process must be given to the affected 
journalist as soon as it is determined that the notification will no longer pose a clear and 
substantial threat to the integrity of the investigation. 
4. Waiver. Publication or dissemination by the journalist of information described 
in subsection 1, or a portion thereof, does not constitute a waiver of the protection from 
compelled disclosure that is contained in subsection I. Notwithstanding the provisions of 
this section, a person entitled to claim the exemption provided under subsection 1 waives 
the exemption by voluntarily disclosing or consenting to disclosure of the specific 
information sought to be disclosed to any person not otherwise entitled to claim the 
exemption. 
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5. Inadmissibility. The source of any information obtained in violation of this 
section is inadmissible in any action, proceeding or hearing before any judicial, 
legislative, administrative or other body. 
6. Definition. For the purposes of this section, "journalist" means any person or 
entity professionally or regularly engaged in gathering, preparing, collecting, writing, 
editing, filming, taping, photographing or disseminating written, oral, pictorial, 
photographic or electronically recorded information or data concerning events or matters 
of public concern or interest or affecting the public welfare or a person supervising or 
assisting that person or entity. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill provides protection against compelled disclosure of confidential sources of 
infonnation, infonnation that identifies confidential sources, confidential infonnation and 
certain data by journalists. The bill provides exceptions for a court to compel disclosure 
in specific situations. 
It also provides for a waiver of the protection in specific 
circumstances. The source of infonnation obtained in violation of this bill is inadmissible 
in any judicial, legislative, administrative or other proceeding. 
This bill takes effect when approved.