H 4650 General Bill, By Wilkins, Alexander, J.M. Baxley, D.M. Beasley, Harrison, 
J.H. Hodges, T.F. Rogers, J.J. Snow and J.B. Wilder
 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.

   04/01/92  House  Introduced and read first time HJ-7
   04/01/92  House  Referred to Committee on Judiciary HJ-8
   04/28/92  House  Recalled from Committee on Judiciary HJ-137
   05/07/92  House  Debate adjourned until Tuesday, May 12, 1992 HJ-76
   05/12/92  House  Debate adjourned until Wednesday, May 13, 1992 HJ-2
   05/13/92  House  Debate adjourned until Thursday, May 14, 1992 HJ-14
   05/14/92  House  Debate interrupted HJ-304
   05/19/92  House  Debate adjourned until Wednesday, May 20, 1992 HJ-5
   05/20/92  House  Objection by Rep. Haskins, Felder, Baker,
                     Clyborne & Quinn HJ-59
   05/21/92  House  Objection withdrawn by Rep. Baker, Felder,
                     Haskins & Clyborne HJ-51
   05/21/92  House  Objection by Rep. McTeer, Hodges, Rogers, Beatty,
                     Delleney, Keyserling, HJ-51
   05/21/92  House  Objection by Rep. Scott, Harwell & Tucker HJ-51
   06/02/92  House  Objection withdrawn by Rep. Quinn, Hodges, Tucker
                     & Beatty HJ-51
   06/02/92  House  Objection withdrawn by Rep. Keyserling HJ-52
   06/02/92  House  Objection withdrawn by Rep. Rogers & McTeer HJ-55
   06/03/92  House  Debate adjourned HJ-107
   06/04/92  House  Debate adjourned HJ-28

April 28, 1992

H. 4650

Introduced by REPS. Wilkins, Baxley, Hodges, Harrison, Wilder, Beasley, Rogers, T.C. Alexander and Snow

S. Printed 4/28/92--H.

Read the first time April 1, 1992.

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.