§ RULE 11-514. NEWS MEDIA-CONFIDENTIAL SOURCE OR INFORMATION PRIVILEGE
RULE 11-514. NEWS MEDIA-CONFIDENTIAL SOURCE OR INFORMATION PRIVILEGE
A. Definitions. Unless a different meaning clearly appears from the context of this rule, as used in this rule:
(1) a communication is “confidential” if not intended to be disclosed to third persons other than those to whom disclosure is in furtherance of the rendition of professional news media services or those reasonably necessary for the transmission of the communication;
(2) “in the course of pursuing professional activities” does not include any situation in which a news media person participates in any act involving physical violence, property damage or criminal conduct;
(3) “news” means any written, oral or pictorial information gathered, procured, transmitted, compiled, edited or disseminated by, or on behalf of any person engaged or employed by a news media and so procured or obtained while such required relationship is in effect;
(4) “newspaper” means a news service that is printed or distributed electronically and distributed ordinarily not less frequently than once a week and that contains news, articles of opinion, editorials, features, advertising, or other matter regarded as of current interest;
(5) “news agency” means a commercial organization that collects and supplies news to subscribing newspapers, magazines, periodicals and news broadcasters;
(6) “news media” means newspapers, magazines, press associations, news agencies, wire services, radio, television or other similar printed, photographic, mechanical or electronic means of disseminating news to the general public;
(7) “magazine” means a publication containing news which is published and distributed periodically;
(8) “press association” means an association of newspapers or magazines formed to gather and distribute news to its members;
(9) “wire service” means a news agency that sends out syndicated news copy by wire to subscribing newspapers, magazines, periodicals or news broadcasters.
B. General Rule of Privilege. A person engaged or employed by news media for the purpose of gathering, procuring, transmitting, compiling, editing or disseminating news for the general public or on whose behalf news is so gathered, procured, transmitted, compiled, edited or disseminated has a privilege to refuse to disclose:
(1) the confidential source from or through whom any information was procured, obtained, supplied, furnished, gathered, transmitted, compiled, edited, disseminated, or delivered in the course of pursuing professional activities; and
(2) any confidential information obtained in the course of pursuing professional activities.
The provisions of this rule insofar as it relates to radio stations shall not apply unless the radio station maintains and keeps open for inspection by a person affected by the broadcast, for a period of at least one hundred eighty (180) days from the date of an actual broadcast, an exact recording, transcription, or certified written transcript of the actual broadcast.
The provisions of this rule insofar as it relates to television stations shall not apply unless the television station maintains and keeps open for inspection by a person affected by the broadcast, for a period of at least one year from the date of an actual telecast, an exact recording, transcription, kinescope film or certified written transcript of the actual telecast.
C. Exception. There is no privilege under this rule in any action in which the party seeking the evidence shows by a preponderance of evidence, including all reasonable inferences, that:
(1) a reasonable probability exists that a news media person has confidential information or sources that are material and relevant to the action;
(2) the party seeking disclosure has reasonably exhausted alternative means of discovering the confidential information or sources sought to be disclosed;
(3) the confidential information or source is crucial to the case of the party seeking disclosure; and
(4) the need of the party seeking the confidential source or information is of such importance that it clearly outweighs the public interest in protecting the news media's confidential information and sources.
D. Procedure. If a person defined in Paragraph B claims the privilege granted, and the court is asked to determine whether the exception applies, a hearing shall be held in open court, to consider all information, evidence or argument deemed relevant by the court. If possible, the determination of whether the exception applies, shall be made, without requiring disclosure of the confidential source or information sought to be protected by the privilege.
If it is not possible for the court to make a determination of whether the exception applies, without the court knowing the confidential source or information sought to be protected, the court may issue an order requiring disclosure to the court alone, in camera.
Following the in camera hearing the court shall enter written findings of fact and conclusions of law, without disclosing any of the matters for which the privilege is asserted, and a written order directing that disclosure either shall or shall not be made to the party seeking disclosure.
Evidence submitted to the court in camera, and any record of the in camera proceedings, shall be sealed and preserved to be made available to an appellate court, in the event of an appeal, and the contents shall not otherwise be revealed without the consent of the person asserting the privilege.
All counsel and parties shall be permitted to be present at every stage of the proceedings under this rule, except at the in camera hearing, at which no counsel or party, except the person asserting the privilege, and counsel for that person, shall be permitted to be present.
Any order requiring an in camera disclosure or ordering or denying disclosure may be appealed by any party or by the person asserting the privilege, if not a party, in the procedural manner provided by the Rules of Appellate Procedure.