Texas House Bill HB3388

Texas 2017 - 85th Regular

Caption

Relating to certain limitations on a journalist's qualified privilege not to testify; creating a civil penalty.

Impact

The enactment of HB 3388 would lead to significant changes in how the law views journalists and their ability to withhold information in legal contexts. The bill stipulates that individuals who meet specific criteria linked to political activities will not be recognized as journalists under this statute. This change may result in increased scrutiny of members of the press who are intertwined with political entities or fundraising arms, potentially leading to civil penalties if they fail to comply with subpoenas related to their testimony.

Summary

House Bill 3388 seeks to impose certain limitations on the qualified privilege of journalists not to testify in legal proceedings. Specifically, the bill amends the Civil Practice and Remedies Code to outline conditions under which individuals cannot claim the journalist privilege. This includes individuals involved in political committees, campaign committees, or those who are identified with political expenditure activities. By defining these parameters, the bill aims to delineate who qualifies as a journalist, thereby impacting the protections traditionally afforded to the press and its representatives.

Contention

Critics of HB 3388 may argue that the limitations on journalistic privilege could lead to a chilling effect on the freedom of the press. By enabling the courts to subpoena individuals based on their political affiliations, opponents worry that this bill compromises the ability of journalists to freely report on political matters without fear of retribution or obligation to disclose sources. Proponents, on the other hand, contend that such measures ensure accountability and transparency, particularly in politically sensitive contexts, and that the public has a right to know who is financing political activities and campaigns.