1 of 1 HOUSE DOCKET, NO. 3482 FILED ON: 1/17/2025 HOUSE . . . . . . . . . . . . . . . No. 1595 The Commonwealth of Massachusetts _________________ PRESENTED BY: Nicholas A. Boldyga _________________ To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General Court assembled: The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: An Act to protect the confidentiality of journalistic news sources and information. _______________ PETITION OF: NAME:DISTRICT/ADDRESS :DATE ADDED:Nicholas A. Boldyga3rd Hampden1/17/2025 1 of 3 HOUSE DOCKET, NO. 3482 FILED ON: 1/17/2025 HOUSE . . . . . . . . . . . . . . . No. 1595 By Representative Boldyga of Southwick, a petition (accompanied by bill, House, No. 1595) of Nicholas A. Boldyga relative to confidentiality of journalistic news sources and information during legal proceedings. The Judiciary. The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Fourth General Court (2025-2026) _______________ An Act to protect the confidentiality of journalistic news sources and information. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: 1 Section 1. Definitions 2 As used in this act, the following words shall have the following meanings: 3 (a) "Journalist", anyone engaged in gathering, preparing, collecting, writing, editing, 4filming, taping, or photographing news intended for dissemination to the public via a medium of 5mass communication, including but not limited to bloggers, podcasters, authors, or credentialed 6members of the media. 7 (b) "News", information of public interest concerning local, national, or international 8events that the journalist believes is a matter of public concern. 9 (c) "Confidential Source", any person providing information to a journalist with the 10express or implied agreement that the identity of the source will not be disclosed. 2 of 3 11 (d) "Unpublished Information", all information not communicated to the public by the 12journalist, including notes, outtakes, photographs, or any other form of work product. 13 Section 2. Privilege 14 (a) Absolute Privilege for Confidential Sources. No journalist shall be compelled to 15disclose in any legal proceeding the identity of any confidential source. 16 (b) Qualified Privilege for Unpublished Information. A journalist shall not be compelled 17to disclose any unpublished information in any legal proceeding unless the party seeking such 18information demonstrates: 19 (1) that the information is material and relevant; 20 (2) that the information is necessary to the resolution of the issue; 21 (3) that the information cannot be obtained by alternative means without undue hardship. 22 Section 3. Exceptions 23 This privilege may not be invoked if: 24 (a) disclosure is necessary to prevent imminent harm, including death, serious bodily 25injury, or unjust incarceration. 26 Section 4. Applicability 27 This law applies to all legal proceedings, including criminal, civil, administrative, and 28grand jury proceedings within the Commonwealth of Massachusetts. 29 Section 5. Protection in Criminal Proceedings 3 of 3 30 A journalist's privilege shall not be revoked solely because the journalist is accused of a 31crime involving the information at issue unless the crime involves direct harm to an individual, 32and the information is directly necessary to prove or disprove the criminal act, with the court 33ensuring that any compelled disclosure is strictly limited to what is necessary for the 34proceedings.