S 1431 Session 109 (1991-1992)
S 1431 General Bill, By I.E. Lourie, Courson, Holland, Matthews, McConnell,
T.W. Mitchell, J.V. Smith, Thomas, Washington and Wilson
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
19-11-100 so as to create an absolute privilege against compelled testimony
and production of documents for a person engaged in gathering and
disseminating news for the public when sources of the information have been
assured confidentiality and to create a qualified privilege when
confidentiality has not been assured and certain criteria are met.
03/26/92 Senate Introduced and read first time SJ-6
03/26/92 Senate Referred to Committee on Judiciary SJ-7
05/20/92 Senate Committee report: Majority favorable with amend.,
minority unfavorable Judiciary SJ-17
COMMITTEE REPORT
May 20, 1992
S. 1431
Introduced by SENATORS Lourie, McConnell, Thomas, Mitchell, J.
Verne Smith, Holland, Courson, Washington, Wilson and Matthews
S. Printed 5/20/92--S.
Read the first time March 26, 1992.
THE COMMITTEE ON JUDICIARY
To whom was referred a Bill (S. 1431), to amend the Code of Laws
of South Carolina, 1976, by adding Section 19-11-100 so as to create an
absolute privilege against compelled testimony and production of
documents, etc., respectfully
REPORT:
That they have duly and carefully considered the same, and
recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting
words and inserting therein the following:
/SECTION 1. The 1976 Code is amended by adding:
"Section 19-11-100. (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, magazine, radio,
television, news or wire service, or other medium, in each case of
general circulation or broadcast, has a privilege against disclosure of any
information, document, or item obtained or prepared in the gathering or
dissemination of news in any judicial, legislative, or administrative
proceeding in which the compelled disclosure is sought and where the
person, company, or entity asserting the privilege is not a party to the
proceeding.
(B) The privilege is absolute, and no disclosure may be compelled
of the identity of sources or information or material provided by sources
where the person or entity from whom compelled disclosure is sought
provides an affidavit that states that the sources have been given an
assurance of confidentiality by the person, company, or entity engaged
in the gathering and dissemination of news. The affidavit must be dated
and executed at the time the information was given and must be filed
with the editor, in the case of printed media, and with the general
manager for all other media.
(C) When no assurance of confidentiality has been given as provided
for in subsection (B), the privilege against compelled testimony or
production is qualified, and 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 it is shown that this privilege has been knowingly waived or
evidence is produced to establish that what is 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.
(D) Publication of any information, document, or item obtained in the
gathering and dissemination of news does not constitute a waiver of the
privilege against compelled disclosure provided for in this
section."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Majority favorable. Minority unfavorable.
ISADORE E. LOURIE H. SAMUEL STILWELL
For Majority. For Minority.
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING SECTION 19-11-100 SO AS TO CREATE AN
ABSOLUTE PRIVILEGE AGAINST COMPELLED TESTIMONY
AND PRODUCTION OF DOCUMENTS FOR A PERSON ENGAGED
IN GATHERING AND DISSEMINATING NEWS FOR THE PUBLIC
WHEN SOURCES OF THE INFORMATION HAVE BEEN
ASSURED CONFIDENTIALITY AND TO CREATE A QUALIFIED
PRIVILEGE WHEN CONFIDENTIALITY HAS NOT BEEN
ASSURED AND CERTAIN CRITERIA ARE MET.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 19-11-100. (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, magazine, radio,
television, news or wire service, or other medium has a privilege against
disclosure of any information, document, or item obtained or prepared
in the gathering or dissemination of news in any judicial, legislative, or
administrative proceeding in which the compelled disclosure is sought
and where the one asserting the privilege is not a party to the
proceeding.
(B) The privilege is absolute, and no disclosure may be compelled
of the identity of sources or information or material provided by sources
where the person or entity from whom compelled disclosure is sought
provides an affidavit that states that the sources have been given an
assurance of confidentiality by the person, company, or entity engaged
in the gathering and dissemination of news.
(C) When no assurance of confidentiality has been given as
provided for in subsection (B), the privilege against compelled
testimony or production is qualified, and 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 it is shown that this privilege has been knowingly and
intentionally relinquished in response to a request for disclosure or a
party seeking to compel the testimony or production produces evidence
to establish that what is sought:
(1) is material and highly relevant to the controversy for which
the testimony or production is sought;
(2) cannot be obtained by alternative means; and
(3) is vital to the proper preparation or presentation of the case
of a party seeking the information, document, or item.
(D) Publication of any information, document, or item obtained in
the gathering and dissemination of news does not constitute a waiver of
the privilege against compelled disclosure provided for in this
section."
SECTION 2. This act takes effect upon approval by the Governor.
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