Current Status Introducing Body:Senate Bill Number:235 Ratification Number:189 Act Number:138 Primary Sponsor:McConnell Type of Legislation:GB Subject:News reporters, protection from compelled testimony Date Bill Passed both Bodies:19930602 Computer Document Number:436/12751AC.93 Governor's Action:S Date of Governor's Action:19930614 Introduced Date:19930119 Date of Last Amendment:19930601 Last History Body:------ Last History Date:19930614 Last History Type:Act No. 138 Scope of Legislation:Statewide All Sponsors:McConnell Land Saleeby Leatherman Holland J. Verne Smith Courson Mitchell Hayes Martin Russell Ford Courtney Wilson Passailaigue Greg Smith Washington Jackson Thomas Matthews Glover Drummond Ryberg Cork Reese Mescher Short Lander Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
---- ------ ------------ ------------------------------ --- ------------
235 ------ 19930614 Act No. 138
235 ------ 19930614 Signed by Governor
235 ------ 19930610 Ratified R 189
235 Senate 19930602 Concurred in House amendment,
enrolled for ratification
235 House 19930602 Read third time, returned to
Senate with amendment
235 House 19930601 Amended, read second time
235 House 19930527 Debate adjourned until
Tuesday, June 1, 1993
235 House 19930520 Committee Report: Favorable 25
with amendment
235 House 19930421 Introduced, read first time, 25
referred to Committee
235 Senate 19930420 Amended, read third time,
sent to House
235 Senate 19930415 Amended, debate interrupted
by adjournment
235 Senate 19930414 Debate interrupted by
adjournment
235 Senate 19930413 Debate interrupted by
adjournment
235 Senate 19930408 Debate interrupted by
adjournment, Senator
McConnell retaining the floor
235 Senate 19930401 Debate interrupted by
adjournment
235 Senate 19930324 Made Special Order
235 Senate 19930318 Read second time, ordered to
third reading with notice of
general amendments, carrying
over all amendments to third
reading, with Senator Richter
retaining the floor
235 Senate 19930317 Debate interrupted by
adjournment
235 Senate 19930317 Committee amendment adopted
235 Senate 19930309 Made Special Order
235 Senate 19930217 Committee Report: majority 11
favorable with amendment,
minority unfavorable
235 Senate 19930119 Introduced, read first time, 11
referred to Committee
View additional legislative information at the LPITS web site.
(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.