Bill > H1738

This bill introduces the Free Flow of Information Act, which establishes significant protections for journalists and their information sources. The legislation defines key terms such as "covered journalist" (a professional who gathers and reports news), "covered service provider" (electronic services that store or transmit information), and "protected information" (materials identifying sources or created during journalistic work). The bill restricts government entities from compelling journalists to disclose protected information, except in extreme circumstances involving terrorism prevention or averting imminent violence. Similarly, government entities cannot force service providers to reveal a journalist's personal accounts or technology devices without a court order, and even then, only if there is a clear threat of imminent harm. When seeking such information, the government must provide notice to the journalist and allow them an opportunity to be heard, with provisions for delaying notification in rare cases involving critical criminal investigations. The court must ensure that any compelled disclosure is narrowly tailored, reasonable, and not overly broad, focusing only on verifying published information or understanding surrounding circumstances. Fundamentally, the bill aims to protect journalistic sources and the confidentiality of journalistic work while maintaining a narrow pathway for intervention in extreme public safety scenarios.

Justice

https://malegislature.gov/Bills/194/H1738