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

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.

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

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.