H 3555 General Bill, By Wilkins, Alexander, R.A. Barber, Carnell, R.S. Corning, 
J.L.M. Cromer, Davenport, Delleney, S.E. Gonzales, L.O. Graham, Harrell, 
Harrison, B.H. Harwell, T.E. Huff, Jennings, W.D. Keyserling, Kirsh, Phillips, 
Quinn, T.F. Rogers, D. Smith, D.C. Waldrop, C.C. Wells, Wilder, J.B. Wilder and 
D.A. Wright

Similar(S 235)
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 19-11-100 so as to provide protection from compelled testimony in a proceeding
 to a person engaged in gathering and disseminating news and to provide
 exceptions.

   02/23/93  House  Introduced and read first time HJ-22
   02/23/93  House  Referred to Committee on Judiciary HJ-22

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 19-11-100 SO AS TO PROVIDE PROTECTION FROM COMPELLED TESTIMONY IN A PROCEEDING TO A PERSON ENGAGED IN GATHERING AND DISSEMINATING NEWS AND TO PROVIDE EXCEPTIONS.

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:

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 gathering and disseminating news for the public through a newspaper, book, magazine, radio, television, news or wire service, or other medium may not be compelled to disclose information or produce any document or item obtained or prepared in gathering or disseminating news in any judicial, legislative, or administrative proceeding where the person, company, or entity is not a party unless the information, document, or item sought:

(1) was not obtained upon a promise of confidentiality; (2) is material and relevant to the controversy for which the testimony or production is sought;

(3) reasonably cannot be obtained by alternative means; and

(4) is necessary to the preparation or presentation of the case of the party seeking the information, document, or item.

(B) Publication of any information, document, or item obtained or prepared in gathering and disseminating news does not waive the protection against compelled disclosure provided for in this section; however, a person, company, or entity may waive protection against compelled disclosure."

SECTION 2. This act takes effect upon approval by the Governor.