2023 New Mexico Statutes › Chapter 38 - Trials › Article 6 - Witnesses and Their Competency › Section 38-6-7 - News sources and information; mandatory disclosure prohibited; definitions; special procedure for prevention of injustice issue.

A. Unless disclosure be essential to prevent injustice, no journalist or newscaster, or working associates of a journalist or newscaster, shall be required to disclose before any proceeding or authority, either:
(1) the source of any published or unpublished information obtained in the gathering, receiving or processing of information for any medium of communication to the public; or
(2) any unpublished information obtained or prepared in gathering, receiving or processing of information for any medium of communication to the public.
B. For the purpose of this act [this section]:
(1) "proceeding or authority" includes any proceeding or investigation before, or by, any legislative, judicial, executive or administrative body or person;
(2) "medium of communication" means any newspaper, magazine, press association, news service, wire service, news or feature syndicate, broadcast or television station or network, or cable television system;
(3) "information" means any written, oral or pictorial news or other material;
(4) "published information" means any information disseminated to the public by the person from whom disclosure is sought;
(5) "unpublished information" includes information not disseminated to the public by the person from whom disclosure is sought, whether or not related information has been disseminated, and includes but is not limited to, all notes, news copy, outtakes, photographs, films, recording tapes or other data of whatever sort not disseminated to the public through a medium of communication;
(6) "processing" includes compiling, storing and editing of information;
(7) "journalist" means any person who, for gain is engaged in gathering, preparing, editing, analyzing or commenting on news for a newspaper, magazine, news agency, news or feature syndicate, press association or wire service, or who was so engaged at the time a source or information was procured;
(8) "newscaster" means any person who, for gain is engaged in gathering, preparing, editing, analyzing, commenting on or broadcasting news for radio or television transmission, or who was so engaged at the time a source or information was procured; and
(9) "working associates [associate]" means any person who works for the person, in his capacity as a journalist or newscaster, from whom a source or information is sought and who was so engaged at the time a source or information was procured, or any person employed by the same individual or entity that employs the person, in his capacity as a journalist or newscaster, from whom a source or information is sought, and who was so engaged at the time a source or information was procured.
C. If the proceeding in which disclosure is sought is in the district court, that court will determine whether disclosure is essential to prevent injustice. In all other proceedings, application shall be made to the district court of the county in which the proceeding is being held for an order for disclosure. Disclosure shall, in no event, be ordered except upon written order of the district court stating the reasons why disclosure is essential to prevent injustice. Such an order is appealable to the supreme court if the appeal is docketed in that court within ten days after its entry. The matter shall be considered as an extraordinary proceeding and shall be heard de novo and within twenty days from date of docketing. The taking of an appeal shall operate to stay proceedings as to the prevention of injustice issue only in the district court.
History:
1953 Comp., § 20-1-12.1, enacted by Laws 1973, ch. 31, § 1.
ANNOTATIONS
Repeals and reenactments.
— Laws 1973, ch. 31, § 1, repealed 20-1-12.1, 1953 Comp., relating to the reporter's privilege, and enacted a new section.
Cross references.
— For privilege to refuse to disclose informer's identity,
see
Rule 11-510 NMRA.
Attempt to create rule of evidence.
— The privilege created by this section, insofar as it protects disclosure in a judicial proceeding of information obtained in gathering, receiving or processing of information for any medium of communication to the public, is an attempt to create a rule of evidence.
Ammerman v. Hubbard Broad., Inc.
, 1976-NMSC-031, 89 N.M. 307, 551 P.2d 1354, cert. denied, 436 U.S. 906, 98 S. Ct. 2237, 56 L. Ed. 2d 404 (1978).
Privilege created by Subsection A is constitutionally invalid
and cannot be relied upon or enforced in judicial proceedings, under Subsection C or otherwise.
Ammerman v. Hubbard Broad., Inc.
, 1976-NMSC-031, 89 N.M. 307, 551 P.2d 1354, cert. denied, 436 U.S. 906, 98 S. Ct. 2237, 56 L. Ed. 2d 404 (1978).
Scope of privilege.
— In holding that this privilege cannot be relied upon or enforced in judicial proceedings, the supreme court explicitly declined to rule on whether the privilege could properly be asserted in proceedings or investigations before or by any legislative, executive or administrative body or person or to decide the validity of the procedures prescribed for making application to the district court for an order of disclosure directed to such proceedings.
Ammerman v. Hubbard Broad., Inc.
, 1976-NMSC-031, 89 N.M. 307, 551 P.2d 1354, cert. denied, 436 U.S. 906, 98 S. Ct. 2237, 56 L. Ed. 2d 404 (1978).
Law reviews.
— For comment, "Coopting the Journalist's Privilege: Of Sources and Spray Paint," see 23 N.M.L. Rev. 435 (1993).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Privilege of newsgatherer against disclosure of confidential sources or information, 99 A.L.R.3d 37.
97 C.J.S. Witnesses § 259.