Attention has turned to the Senate for a bill pending in Congress that its supporters say would protect a free and independent press by creating a federal statutory privilege to shield journalists from being forced to disclose. confidential sources. The Law on the Protection of Reporters from State Espionage or “PRESS” (HR4330) would also prevent federal law enforcement from abusing their subpoena power.
The bill passed the House by voice vote Monday in what sponsor Rep. Jamie Raskin (D-MD) calls a “triumphant day for press freedom.” Attention now shifts to the Senate where an accompanying bill (S.2457) was introduced in June 2021. “I urge our Senate colleagues to advance the central, bipartisan mission of protecting a truly free, unmuzzled press, by sending this legislation to the President’s office,” Raskin said.
If enacted, the press law will ensure that journalists cannot be coerced by the government into disclosing their confidential sources or research files, and also protects their data held by third parties such as telephone and data companies. ‘Internet against secret government seizure without possibility. to challenge these claims in court.
The bill defines a covered journalist as a person who gathers, prepares, collects, photographs, records, writes, edits, reports or publishes news or information concerning current events or other matters of public interest for broadcast to the public – a definition that covers just about anyone who works in radio newsrooms.
While 48 states and the District of Columbia have some form of shield law or reporters’ privilege, protections vary widely, and there is no federal shield law, and state laws do not vary. do not apply to investigations conducted by federal agencies, such as the Department of Justice. Supporters also point out that there are currently no legal restrictions preventing the government from secretly obtaining a journalist’s records directly from telephone companies, email providers and other third parties in order to identify their sources.
“There must be clear rules protecting journalists from government surveillance enshrined in the Black Letter Act,” Wyden said. He said his legislation would also include “common sense” exceptions for when the government really needs the information immediately.
The press law has the approval of the National Association of Broadcasters. the Radio Television Digital News Association, the News Media Alliance, the News Leaders Association, MPA – The Association of Magazine Media, Protect the 1st, Reporters Without Borders, Demand Progress and the Society of Professional Journalists.
“While the law itself would severely restrict the government’s ability to obtain from journalists the identities of confidential sources of information, the real beneficiaries would be members of the public, whom journalists serve by fearlessly seeking and reporting the truth. no favour,” said RTDNA Executive Director/COO Dan Shelley.
NAB President Curtis LeGeyt said they would help lobby for the press law in the Senate. “This legislation honors the sanctity of journalists’ relationships with their sources and ensures that members of the press can continue their important work without fear or favour,” he said in a statement.