Waxman Proposes Expansion of Journalists’ Shield Law

Stating that journalists need to be able to do their job without reprisal from the government, Rep. Ben Waxman (D-Philadelphia) has introduced legislation to expand the state’s shield law.

Current law protects journalists from having to disclose the identities of anonymous sources. Waxman’s bill would expand that protection so that journalists could not be forced to turn over other confidential information or documents.

“One of the fundamental pillars of democracy is the existence of a free press. But the press can only be free if journalists feel they can cover a topic using the necessary information,” he said in his cosponsorship memoranda. “Ultimately, journalists in our state deserve to be protected from turning over the documents and records they use when covering the important events that impact us all.”

The legislation would cover all records, information, and documents created or acquired by journalists in their professional duties.

The Pennsylvania Shield Law, Privacy Protection Act of 1980 and the Qualified First Amendment Reporters Privilege act to shield journalist’s sources and materials from compelled disclosure. The Pennsylvania Shield Law prohibits compelled disclosure of information that would reveal the identity of a confidential source. The Pennsylvania Shield Law is absolute when properly asserted by journalists. The Privacy Protection Act of 1980 restricts law enforcement from searching for and seizing journalists’ work product and documentary materials. Further, the Qualified First Amendment Reporters Privilege prevents the disclosure of reporters’ confidential sources and other unpublished materials in their possession relating to the newsgathering acts.

“Pennsylvania should provide its journalists with the protection they need to do their jobs. Doing so will allow Pennsylvanians to be better informed about the workings of their government and community.”

House Bill 2543 has been introduced to the Judiciary Committee for consideration.





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