Bill > H4638

This bill adds a new section to Massachusetts law that establishes strong protections for journalists and their sources in legal proceedings. The bill defines key terms like "journalist" (a person regularly gathering and reporting news) and "unpublished information" (materials not previously disseminated to the public). It creates a legal privilege that allows journalists to refuse to disclose their sources or unpublished information in state investigative proceedings, with only very limited exceptions. These exceptions include situations involving national security, ensuring a defendant's right to a fair trial, or preventing imminent violence or harm. If someone wants to challenge a journalist's privilege, they must petition a superior court, which must hear from both parties and produce a written order. The privilege can be appealed to the supreme judicial court and remains in effect during the appeal. The privilege does not apply if the journalist participated in criminal activity to obtain the information or if the information has already been publicly disclosed. The overall goal of the bill is to protect journalistic independence and the free flow of information by creating a robust legal shield for journalists and their sources.

Budget and Finance

Joint Committee on the Judiciary (Joint)

https://malegislature.gov/Bills/194/H4638