S*235 Session 110 (1993-1994)
S*0235(Rat #0189, Act #0138) General Bill, By McConnell, Cork, Courson,
Courtney, Drummond, Ford, Glover, Hayes, Holland, Jackson, Land, Lander,
Leatherman, Martin, Matthews, Mescher, T.W. Mitchell, Passailaigue, Reese,
Russell, Ryberg, Saleeby, Short, G. Smith, J.V. Smith, Thomas, Washington and
Wilson
Similar(H 3555)
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
19-11-100 so as to provide a qualified privilege against disclosure or
information in a proceeding if the information was obtained or prepared in the
gathering or dissemination of news and to provide the circumstances under
which the person may be required to disclose the information.-amended title
01/19/93 Senate Introduced and read first time SJ-14
01/19/93 Senate Referred to Committee on Judiciary SJ-14
02/17/93 Senate Committee report: Majority favorable with amend.,
minority unfavorable Judiciary SJ-12
03/09/93 Senate Special order SJ-23
03/17/93 Senate Amended SJ-24
03/17/93 Senate Debate interrupted SJ-26
03/18/93 Senate Read second time SJ-22
03/18/93 Senate Ordered to third reading with notice of
amendments SJ-22
03/24/93 Senate Special order SJ-16
04/01/93 Senate Debate interrupted SJ-28
04/08/93 Senate Debate interrupted SJ-92
04/13/93 Senate Debate interrupted SJ-30
04/14/93 Senate Debate interrupted SJ-13
04/15/93 Senate Amended SJ-36
04/15/93 Senate Debate interrupted SJ-36
04/20/93 Senate Amended SJ-47
04/20/93 Senate Read third time and sent to House SJ-53
04/21/93 House Introduced and read first time HJ-19
04/21/93 House Referred to Committee on Judiciary HJ-19
05/20/93 House Committee report: Favorable with amendment
Judiciary HJ-2
05/27/93 House Debate adjourned until Tuesday, June 1, 1993 HJ-148
06/01/93 House Amended HJ-8
06/01/93 House Read second time HJ-14
06/02/93 House Read third time and returned to Senate with
amendments HJ-11
06/02/93 Senate Concurred in House amendment and enrolled SJ-52
06/10/93 Ratified R 189
06/14/93 Signed By Governor
06/14/93 Effective date 06/14/93
07/19/93 Copies available
(A138, R189, S235)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH
CAROLINA, 1976, BY ADDING SECTION 19-11-100 SO AS TO
PROVIDE A QUALIFIED PRIVILEGE AGAINST DISCLOSURE OF
INFORMATION IN A PROCEEDING IF THE INFORMATION WAS
OBTAINED OR PREPARED IN THE GATHERING OR
DISSEMINATION OF NEWS AND TO PROVIDE THE
CIRCUMSTANCES UNDER WHICH THE PERSON MAY BE
REQUIRED TO DISCLOSE THE INFORMATION.
Whereas, the General Assembly finds that it is vital in a democratic society
that the public have an unrestricted flow of information on matters of
concern to the public and that the threat of compelled testimony or
production of information, documents, or items obtained or prepared in
gathering or disseminating news to the public interferes with the free flow
of information to the public. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
Qualified privilege
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 qualified 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 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 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 for in this
section."
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Approved the 14th day of June, 1993. |