An Act To Enhance the Shielding of Journalists' Sources
Maine Legislature, Session 124, LD 0828
Committee: judiciary
Sponsors: HINCK, BLISS, ADAMS, DUCHESNE, O'BRIEN, PINGREE, ROTUNDO, STRANG BURGESS, HOBBINS
Amends: 16 MRSA §61

Legislative Document 
H.P.564 
House of Representatives, March 3, 2009 
An Act To Enhance the Shielding of Journalists' Sources 
Reference to the Committee on judiciary suggested and ordered printed. 
, Presented by Representative HINCK of Portland. 
Cosponsored by Senator BLISS of Cumberland and 
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MILLICENT M.,MacFARLAND 
Clerk 
Representatives: ADAMS of Portland, DUCHESNE of Hudson, O'BRIEN of Lincolnville, 
Speaker PINGREE of North Haven, ROTUNDO of Lewiston, STRANG BURGESS of 
Cumberland, Senator: HOBBINS of York., 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 16 MRSA §61, as enacted by PL 2007, c. 654, § 1, is amended to read: 
§61. Shielding joumalist's sources 
1. Compelled disclosure prohibited. A judicial, legislative, administrative or other 
body with the power to issue a subpoena may not compel a journalist to testify about, 
produce or otherwise disclose or adjudge the journalist in contempt for refusal to testify 
about, produce or disclose: 
A. The identity of a oonfidential source of any information; 
B. Any information that could be used to identify a oonfidential source; or 
C. Any information obtained or received in oonfidenoe by the journalist acting in the 
journalistic capacity of gathering, receiving, transcribing or processing news or 
information for potential dissemination to the public, including but not limited to any 
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notes, drafts, photographs, video or sound tapes or film or other data in any medium. 
2. Exceptions allowing 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 a preponderance 
of the evidence: 
A. In all matters, whether criminal or civil, that: 
(1) The identity oftlie source or the informationis material and relevant; 
(2) The identity of the source or the information is critical or necessary to the 
maintenance of a party's claim, defense of 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 or cannot be obtained by alternative means or remedies less 
destructive of First Amendment rights; and 
(4) There is an overriding public interest in the disclosure; and 
28B. Based on information obtained from a source other than the journalist that: 
(1) In a criminal investigation or prosecution, there are reasonable grounds to· 
believe that a crime has occurred; or 
(2) In a civil action or proceeding, there is a prima facie cause of action. 
3. 
Compelled disclosure from 3rd parties. 
The protection from compelled 
disclosure contained in subsection 1 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 
for the purpose of discovering the identity of the source or obtaining information 
described in subsection 1. 
Whenever a subpoena is issued to, or other compulsory 
process is issued against, a 3rd party that seeks records, information or other 
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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 pi'ocess against, the 3id 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 or compulsory process must be given to the affected 
journalist as soori as it is determined that the notification will no longer pose a clear and 
substantial threat to the integrity of the investigation.' 
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4. 
Waiver. 
A journalist waives the protection provided by this section if the 
journalist voluntarily discloses or consents to disclosure of the protected information 
described in subsection 1, paragraphs A and B.' 
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5. Inadmissibility. Any information obtained in violation of this section and the 
source bfthat information is inadmissible in any action, proceeding or hearing before any 
judicial, legislative, administrative or other body. 
SUMMARY 
This bill expands the protections of the journalist shield law to include all 
information, both confidential and nonconfidential, received by a journalist acting in a 
journalistic capacity as well as the source of that information.