HB 1539 -- DISCLOSURE OF NEWS SOURCES

SPONSOR:  Jones (89)

COMMITTEE ACTION:  Voted "do pass" by the Special Committee on
General Laws by a vote of 6 to 0.

This bill protects individuals and media entities from being
required to disclose in any administrative, civil, or criminal
proceeding the source of any published or unpublished information
obtained by the individual or entity.  The party seeking the
source of the information may petition the circuit court of the
county where the proceeding is located for a court order to
require the individual to disclose his or her source.  The court,
in making its decision, must consider the nature of the
proceeding, the merits of the claim, the available alternative
means for establishing the source of the information, and the
public interest in protecting the confidential source.  The court
is authorized to compel disclosure of the information if it does
not involve any information required to be kept secret under
federal or state law and the disclosure is essential to the
protection of the public interest involved in the proceeding.

FISCAL NOTE:  No impact on state funds in FY 2009, FY 2010, and
FY 2011.

PROPONENTS:  Supporters say that the current problem with the
limited privilege for reporters and media is conflicting caselaw
on when the privilege can be invoked.  Missouri needs one unified
statutorily recognized privilege to stop abuses and protect a
reporter's work product.  The bill clarifies the court rulings on
the privilege and adds predictability for situations when
journalists are subpoenaed and ordered to produce their sources.
The bill will protect the free flow of information to the public
while still allowing the court to decide whether a journalist
must reveal a source.

Testifying for the bill were Representative Jones (89); Joe
Martineau; Jim Robertson; and Jean Maneke, Missouri Press
Association.

OPPONENTS:  There was no opposition voiced to the committee.

Missouri House of Representatives
94th General Assembly, 2nd Regular Session
Last Updated October 15, 2008 at 3:10 pm