Sec. 52-146t. Protection from compelled disclosure of information obtained by news media.
Sec. 52-146t. Protection from compelled disclosure of information obtained
by news media. (a) As used in this section:
(1) "Information" has its ordinary meaning and includes, but is not limited to, any
oral, written or pictorial material, whether or not recorded, including any notes, outtakes,
photographs, video or sound tapes, film or other data of whatever sort in any medium; and
(2) "News media" means:
(A) Any newspaper, magazine or other periodical, book publisher, news agency,
wire service, radio or television station or network, cable or satellite or other transmission
system or carrier, or channel or programming service for such station, network, system
or carrier, or audio or audiovisual production company that disseminates information
to the public, whether by print, broadcast, photographic, mechanical, electronic or any
other means or medium;
(B) Any person who is or has been an employee, agent or independent contractor
of any entity specified in subparagraph (A) of this subdivision and is or has been engaged
in gathering, preparing or disseminating information to the public for such entity, or
any other person supervising or assisting such person with gathering, preparing or disseminating information; or
(C) Any parent, subsidiary, division or affiliate of any person or entity specified in
subparagraph (A) or (B) of this subdivision to the extent the subpoena or other compulsory process seeks the identity of a source or the information described in subsection
(b) of this section.
(b) No judicial, executive or legislative body with the power to issue a subpoena
or other compulsory process may compel the news media to testify concerning, or to
produce or otherwise disclose, any information obtained or received, whether or not in
confidence, by the news media in its capacity in gathering, receiving or processing
information for potential communication to the public, or the identity of the source of
any such information, or any information that would tend to identify the source of any
such information, unless such judicial, executive or legislative body complies with the
provisions of subsections (c) to (e), inclusive, of this section.
(c) Prior negotiations with the news media shall be pursued in all matters in which
the issuance of a subpoena to, or the initiation of other compulsory process against, the
news media is contemplated for information described in subsection (b) of this section
or the identity of the source of such information, or any information that would tend to
identify the source of any such information.
(d) If the news media and the party seeking to compel disclosure of information
described in subsection (b) of this section or the identity of the source of any such
information, or any information that would tend to identify the source of any such information, fail to reach a resolution, a court may compel disclosure of such information
or the identity of the source of such information only if the court finds, after notice to
and an opportunity to be heard by the news media, that the party seeking such information
or the identity of the source of such information has established by clear and convincing
evidence:
(1) That (A) in a criminal investigation or prosecution, based on information obtained from other sources than the news media, there are reasonable grounds to believe
that a crime has occurred, or (B) in a civil action or proceeding, based on information
obtained from other sources than the news media, there are reasonable grounds to sustain
a cause of action; and
(2) That (A) the information or the identity of the source of such information is
critical or necessary to the investigation or prosecution of a crime or to a defense thereto,
or to the maintenance of a party's claim, defense or proof of an issue material thereto,
(B) the information or the identity of the source of such information is not obtainable
from any alternative source, and (C) there is an overriding public interest in the disclosure.
(e) A court of this state shall apply the procedures and standards specified by this
section to any subpoena or other compulsory process whether it arises from or is associated with a proceeding under the laws of this state or any other jurisdiction, except that
with respect to a proceeding arising under the laws of another jurisdiction, a court of
this state shall not afford lesser protection to the news media than that afforded by such
other jurisdiction. No subpoena or compulsory process arising from or associated with
a proceeding under the laws of another jurisdiction shall be enforceable in this state
unless a court in this state has personal jurisdiction over the person or entity against
which enforcement is sought.
(f) The provisions of subsection (b) of this section protecting from compelled disclosure information described in said subsection and the identity of the source of any such
information shall also apply if a subpoena is issued to, or other compulsory process is
initiated against, a third party that seeks information concerning business transactions
between such third party and the news media for the purpose of obtaining information
described in said subsection or discovering the identity of a source of any such information. Whenever a subpoena is issued to, or other compulsory process is initiated against,
a third party that seeks information concerning business transactions between such third
party and the news media, the affected news media shall be given reasonable and timely
notice of the subpoena or compulsory process before it is executed or initiated, as the
case may be, and an opportunity to be heard.
(g) Publication or dissemination by the news media of information described in
subsection (b) of this section, or a portion thereof, shall not constitute a waiver of the
protection from compelled disclosure provided in said subsection with respect to any
information that is not published or disseminated.
(h) Any information obtained in violation of the provisions of this section, and the
identity of the source of such information, shall be inadmissible in any action, proceeding
or hearing before any judicial, executive or legislative body.
(i) Whenever any person or entity seeks the disclosure from the news media of
information that is not protected against compelled disclosure pursuant to subsection
(b) of this section, such person or entity shall pay the actual cost that would be incurred by
the news media in making a copy of such information if a subpoena or other compulsory
process was not available, and may not use a subpoena or other compulsory process as
a means to avoid paying such actual cost.
(j) Nothing in subsections (a) to (i), inclusive, of this section shall be construed to
deny or infringe the rights of an accused in a criminal prosecution guaranteed under the
sixth amendment to the Constitution of the United States and article twenty-ninth of the
amendments to the Constitution of the state of Connecticut.
(P.A. 06-140, S. 1-8.)