S*0235(Rat #0189, Act #0138)  General Bill, By McConnell, Cork, Courson, 
Courtney, Drummond, Ford, Glover, Hayes, Holland, Jackson, Land, Lander, 
Leatherman, Martin, Matthews, Mescher, T.W. Mitchell, Passailaigue, Reese, 
Russell, Ryberg, Saleeby, Short, G. Smith, J.V. Smith, Thomas, Washington and 
Wilson

Similar(H 3555)
 A Bill 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 or
 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.-amended title

   01/19/93  Senate Introduced and read first time SJ-14
   01/19/93  Senate Referred to Committee on Judiciary SJ-14
   02/17/93  Senate Committee report: Majority favorable with amend.,
                     minority unfavorable Judiciary SJ-12
   03/09/93  Senate Special order SJ-23
   03/17/93  Senate Amended SJ-24
   03/17/93  Senate Debate interrupted SJ-26
   03/18/93  Senate Read second time SJ-22
   03/18/93  Senate Ordered to third reading with notice of
                     amendments SJ-22
   03/24/93  Senate Special order SJ-16
   04/01/93  Senate Debate interrupted SJ-28
   04/08/93  Senate Debate interrupted SJ-92
   04/13/93  Senate Debate interrupted SJ-30
   04/14/93  Senate Debate interrupted SJ-13
   04/15/93  Senate Amended SJ-36
   04/15/93  Senate Debate interrupted SJ-36
   04/20/93  Senate Amended SJ-47
   04/20/93  Senate Read third time and sent to House SJ-53
   04/21/93  House  Introduced and read first time HJ-19
   04/21/93  House  Referred to Committee on Judiciary HJ-19
   05/20/93  House  Committee report: Favorable with amendment
                     Judiciary HJ-2
   05/27/93  House  Debate adjourned until Tuesday, June 1, 1993 HJ-148
   06/01/93  House  Amended HJ-8
   06/01/93  House  Read second time HJ-14
   06/02/93  House  Read third time and returned to Senate with
                     amendments HJ-11
   06/02/93  Senate Concurred in House amendment and enrolled SJ-52
   06/10/93         Ratified R 189
   06/14/93         Signed By Governor
   06/14/93         Effective date 06/14/93
   07/19/93         Copies available

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.