WASHINGTON, Sept 12 (Reuters) – The U.S. Senate Judiciary
Committee approved legislation on Thursday to protect reporters
from being forced to reveal confidential sources, with
exceptions in national security and other cases.
The Free Flow of Information Act, which had bipartisan
support, was passed by the panel in a 13-5 vote and sent to the
full Senate for consideration.
“This legislation ensures that the tough investigative
journalism that holds government accountable will be able to
thrive,” Senator Charles Schumer, a New York Democrat who
sponsored the bill with South Carolina Republican Lindsey
Graham, said in a statement.
Although many states have media shield laws, efforts to pass
a federal one have foundered, usually over national security
concerns.
President Barack Obama called on Schumer to reintroduce a
version of a bill proposed in 2009 that did not pass and told
the Justice Department to develop guidelines to protect
journalists.
The reintroduction of the bill came shortly after news that
the Justice Department, while probing a leak of classified
information, had secretly seized records of phone calls made by
Associated Press reporters.
The bill sets out rules for subpoenas and would require
prosecutors to convince a judge that the information sought from
journalists would prevent or mitigate terrorism or harm national
security.
Journalists would have no privilege to withhold information
in cases where divulging it would prevent or mitigate death,
kidnapping and bodily harm.
They also could not withhold information when it was
obtained by observing or carrying out a crime, except for
leaking.
The bill would apply to employees or agents of organizations
that disseminate news through broadcasts or in print, including
through internet sites or mobile apps.
It also covers people with a substantial track record of
freelance reporting, student journalists and those who had
worked for media organizations. The bill allows judges to extend
protection to others who may not be covered by the other
standards.
The bill protects journalists and their employers from
having to reveal information, including the identity of sources,
that a reporter gets under a promise of confidentiality and
while gathering news.
(Reporting by Ian Simpson; Editing by Tim Gaynor)
