Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S1253 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 2338 FILED ON: 1/17/2025
3	3	SENATE . . . . . . . . . . . . . . No. 1253
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Rebecca L. Rausch
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act to protect the free flow of information in Massachusetts.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Rebecca L. RauschNorfolk, Worcester and MiddlesexJames B. EldridgeMiddlesex and Worcester2/11/2025 1 of 4
16	16	SENATE DOCKET, NO. 2338 FILED ON: 1/17/2025
17	17	SENATE . . . . . . . . . . . . . . No. 1253
18	18	By Ms. Rausch, a petition (accompanied by bill, Senate, No. 1253) of Rebecca L. Rausch and
19	19	James B. Eldridge for legislation to protect the free flow of information in Massachusetts. The
20	20	Judiciary.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE SENATE, NO. 1115 OF 2023-2024.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
27	27	_______________
28	28	An Act to protect the free flow of information in Massachusetts.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 Chapter 233 of the General Laws, as appearing in the 2022 Official Edition, is hereby
32	32	2amended by inserting after section 83 the following section:-
33	33	3 Section 84. Free Flow of Information Act.
34	34	4 (a) For the purposes of this section, the following terms shall have the following
35	35	5meanings unless the context clearly requires otherwise:-
36	36	6 “Covered journalist”, a person who regularly and credibly gathers, prepares, collects,
37	37	7photographs, records, writes, edits, reports, investigates, or publishes news or information in a
38	38	8professional manner that concerns local, national, or international events or other matters of
39	39	9public interest for dissemination to the public. 2 of 4
40	40	10 “Covered service provider”, (a) any person that, by an electronic means, stores,
41	41	11processes, or transmits information in order to provide a service to customers of the person; (b) a
42	42	12telecommunications carrier and a provider of an information service; (c) a provider of an
43	43	13interactive computer service and an information content provider; (d) a provider of remote
44	44	14computing service; or (e) a provider of electronic communication service to the public.
45	45	15 “Document”, writings, audio and video recordings, and photographs.
46	46	16 “Government entity”, office, agency, board, commission, agent or employee of the
47	47	17commonwealth or its subdivisions with the power to issue a subpoena or issue other compulsory
48	48	18process.
49	49	19 “Journalism”, credible and professional gathering, preparing, collecting, photographing,
50	50	20recording, writing, editing, reporting, investigating, or publishing news or information that
51	51	21concerns local, national, or international events or other matters of public interest for
52	52	22dissemination to the public.
53	53	23 “Personal account of a covered journalist”, an account with a covered service provider
54	54	24used by a covered journalist that is not directly associated with the publication for which the
55	55	25covered journalist engages in journalism.
56	56	26 “Personal technology device of a covered journalist”, a handheld communications device,
57	57	27laptop computer, desktop computer, or other internet-connected device used by a covered
58	58	28journalist that is not provided or administered by the publication for which the covered journalist
59	59	29engages in journalism. 3 of 4
60	60	30 “Protected information”, any information identifying a source who provided information
61	61	31as part of engaging in journalism, and any records, contents of a communication, documents, or
62	62	32information that a covered journalist obtained or created as part of engaging in journalism.
63	63	33 (b) In any matter arising under state law, a government entity may not compel a covered
64	64	34journalist to disclose protected information, unless a court of competent jurisdiction determines
65	65	35by a preponderance of the evidence, after providing notice and an opportunity to be heard to the
66	66	36covered journalist, that the disclosure of the protected information is necessary to prevent, or to
67	67	37identify any perpetrator of, an act of terrorism against the United States, the commonwealth or its
68	68	38subdivisions; or the disclosure of the protected information is reasonably likely to prevent a
69	69	39threat of imminent violence, bodily harm, or death.
70	70	40 (c) (i) A government entity may not compel a covered service provider to provide
71	71	41testimony or production of any document consisting of any record, information, or other
72	72	42communications stored by a covered service provider on behalf of a covered journalist, including
73	73	43without limitation testimony or production of any document relating to a personal account or a
74	74	44personal technology device of a covered journalist, unless a court of competent jurisdiction
75	75	45determines by a preponderance of the evidence that disclosure is reasonably likely to prevent a
76	76	46threat of imminent violence, bodily harm, or death. If such a determination is made, the court
77	77	47shall issue an order authorizing the government entity to compel the disclosure.
78	78	48 (ii) A government entity seeking to compel the provision of testimony or production of
79	79	49any document pursuant to this subsection shall inform the court that the testimony or document
80	80	50relates to a covered journalist. 4 of 4
81	81	51 (iii) The court may authorize a government entity to compel the provision of testimony or
82	82	52production of a document under this subsection only after the government entity seeking the
83	83	53testimony or document provides the covered journalist on behalf of whom the testimony or
84	84	54document is stored notice of the subpoena or other compulsory request for such testimony or
85	85	55document from the covered service provider not more than 3 days after the subpoena or request
86	86	56is issued to the covered service provider. The court shall provide the covered journalist an
87	87	57opportunity to be heard prior to issuing a decision.
88	88	58 (iv) Notice and an opportunity to be heard under subparagraph (iii) above may be delayed
89	89	59for not more than 45 days if the court determines there is clear and convincing evidence that such
90	90	60notice would pose a clear and substantial threat to the integrity of a criminal investigation or
91	91	61would present an imminent risk of death or serious bodily harm. The 45-day period may be
92	92	62extended by the court for additional periods of not more than 45 days if the court makes a
93	93	63renewed determination that there is clear and convincing evidence that providing notice to the
94	94	64covered journalist would pose a clear and substantial threat to the integrity of a criminal
95	95	65investigation or would present an imminent risk of death or serious bodily harm.
96	96	66 (d) The content of any testimony, document, or protected information that is compelled
97	97	67under paragraphs (b) and (c) shall not be overbroad, unreasonable, or oppressive, and as
98	98	68appropriate, shall be limited to the purpose of verifying published information or describing any
99	99	69surrounding circumstances relevant to the accuracy of such published information and narrowly
100	100	70tailored in subject matter and time period covered to avoid compelling the production of
101	101	71peripheral, nonessential, or speculative information.