2023 New York Laws › CVR - Civil Rights › Article 7 - Miscellaneous Rights and Immunities › 79-H - Special Provisions Relating to Persons Employed By, or Connected With, News Media.

§  79-h.  Special  provisions  relating  to  persons  employed  by, or
connected with, news media.
(a) Definitions. As used in this section,  the  following  definitions
shall apply:
(1)  "Newspaper"  shall  mean  a paper that is printed and distributed
ordinarily not less frequently than once a week, and has done so for  at
least  one  year,  and  that  contains  news,  articles  of  opinion (as
editorials), features, advertising,  or  other  matter  regarded  as  of
current  interest, has a paid circulation and has been entered at United
States post-office as second-class matter.
(2) "Magazine" shall mean  a  publication  containing  news  which  is
published and distributed periodically, and has done so for at least one
year,  has  a  paid  circulation and has been entered at a United States
post-office as second-class matter.
(3) "News agency" shall mean a commercial organization  that  collects
and  supplies news to subscribing newspapers, magazines, periodicals and
news broadcasters.
(4) "Press association" shall mean an association of newspapers and/or
magazines formed to gather and distribute news to its members.
(5) "Wire service" shall mean a news agency that sends out  syndicated
news  copy  by wire to subscribing newspapers, magazines, periodicals or
news broadcasters.
(6)  "Professional  journalist"  shall  mean  one  who,  for  gain  or
livelihood,  is  engaged  in  gathering, preparing, collecting, writing,
editing, filming,  taping  or  photographing  of  news  intended  for  a
newspaper,  magazine,  news agency, press association or wire service or
other professional medium or agency which has  as  one  of  its  regular
functions   the   processing   and  researching  of  news  intended  for
dissemination 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.
(7)  "Newscaster"  shall mean a person who, for gain or livelihood, is
engaged in analyzing, commenting on or broadcasting, news  by  radio  or
television transmission.
(8)  "News"  shall  mean  written,  oral,  pictorial, photographic, or
electronically recorded information or communication  concerning  local,
national  or  worldwide  events  or  other  matters of public concern or
public interest or affecting the public welfare.
(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
professional  journalist  or  newscaster  presently or having previously
been employed or otherwise associated with any newspaper, magazine, news
agency,  press  association,   wire   service,   radio   or   television
transmission   station  or  network  or  other  professional  medium  of
communicating 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,  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 highly 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.
(c)   Exemption  of  professional  journalists  and  newscasters  from
contempt:       Qualified   protection   for    nonconfidential    news.
Notwithstanding  the  provisions  of  any general or specific law to the
contrary, no professional journalist or newscaster presently  or  having
previously  been  employed  or  otherwise associated with any newspaper,
magazine,  news  agency,  press  association,  wire  service,  radio  or
television  transmission station or network or other professional medium
of communicating news 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  unpublished  news  obtained or prepared by a
journalist or newscaster in the course of gathering or obtaining news as
provided in subdivision (b) of this section, or the source of  any  such
news, where such news was not obtained or received in confidence, unless
the  party  seeking such news has made a clear and specific showing that
the news: (i) is highly material  and  relevant;  (ii)  is  critical  or
necessary  to the maintenance of a party's claim, defense or proof of an
issue material thereto; and (iii) is not obtainable from any alternative
source. A  court  shall  order  disclosure  only  of  such  portion,  or
portions, of the news sought as to which the above-described showing has
been  made and shall support such order with clear and specific findings
made after a hearing. The  provisions  of  this  subdivision  shall  not
affect  the  availability, under appropriate circumstances, of sanctions
under section thirty-one hundred twenty-six of the  civil  practice  law
and rules.
(d)  Any  information  obtained in violation of the provisions of this
section shall be inadmissible in any action  or  proceeding  or  hearing
before any agency.
(e)  No  fine  or imprisonment may be imposed against a person for any
refusal to disclose information privileged by  the  provisions  of  this
section.
(f)  The  privilege  contained  within  this  section  shall  apply to
supervisory or employer third person or  organization  having  authority
over the person described in this section.
(g)  Notwithstanding the provisions of this section, a person entitled
to claim the exemption provided under subdivision (b)  or  (c)  of  this
section  waives  such  exemption if such person voluntarily discloses or
consents  to  disclosure  of  the  specific  information  sought  to  be
disclosed  to  any person not otherwise entitled to claim the exemptions
provided by this section.