H. B. 2735
(By Delegates DeLong, Carmichael and Webster)
[Introduced January 9, 2008; referred to the
Committee on the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §57-3-10, relating to
the privilege against disclosure of information by news media.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §57-3-10, to read as
follows:
ARTICLE 3. COMPETENCY OF WITNESSES.
§57-3-10. Qualified privilege against disclosure for news media;
waiver.
(a) A person, company, or entity engaged in or that has been
engaged in the gathering and dissemination of news for the public
through a newspaper, book, Internet, magazine, radio, television,
news or wire service, or other medium has a qualified privilege
against disclosure of any information, document, or item obtained or prepared in the gathering or dissemination of news in any
judicial, or administrative proceeding in which the compelled
disclosure is sought and where the one asserting the privilege is
not a party in interest to the proceeding.
(b) The person, company, or other entity may not be compelled
to disclose any information or document or produce any item
obtained or prepared in the gathering or dissemination of news
unless the party seeking to compel the production or testimony
establishes by clear and convincing evidence that this privilege
has been knowingly waived or that the testimony or production
sought:
(1) Is material and relevant to the controversy for which the
testimony or production is sought;
(2) Cannot be reasonably obtained by alternative means; and
(3) Is necessary to the proper preparation or presentation of
the case of a party seeking the information, document, or item.
(c) Publication, broadcast or dissemination of any
information, document, or item obtained in the gathering and
dissemination of news does not constitute a waiver of the qualified
privilege against compelled disclosure provided in this section.
NOTE: The purpose of this bill is to provide the news media
with limited immunity from disclosure of information obtained in
the gathering or dissemination of news.
§57-3-10 is new; therefore, strike-throughs and underscoring
have been omitted.
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