Ch. 113                                          LAWS OF MARYLAND

(9) ANY PRINTED, PHOTOGRAPHIC, MECHANICAL, OR
ELECTRONIC MEANS OF DISSEMINATING NEWS AND INFORMATION TO THE
PUBLIC.

(B)  THE PROVISIONS OF THIS SECTION APPLY TO ANY PERSON WHO
IS, OR HAS BEEN, EMPLOYED BY THE NEWS MEDIA IN ANY NEWS GATHERING
OR NEWS DISSEMINATING CAPACITY.

(C)  EXCEPT AS PROVIDED IN SUBSECTION (D) OF THIS SECTION,
ANY JUDICIAL, LEGISLATIVE, OR ADMINISTRATIVE BODY, OR ANY BODY
THAT HAS THE POWER TO ISSUE SUBPOENAS MAY NOT COMPEL ANY PERSON
DESCRIBED IN SUBSECTION (B) OF THIS SECTION TO DISCLOSE:

(1)  THE SOURCE OF ANY NEWS OR INFORMATION PROCURED BY
THE PERSON WHILE EMPLOYED BY THE NEWS MEDIA, WHETHER OR NOT THE
SOURCE HAS BEEN PROMISED CONFIDENTIALITY; OR

(2)  ANY NEWS OR INFORMATION PROCURED BY THE PERSON
WHILE EMPLOYED BY THE NEWS MEDIA, IN THE COURSE OF PURSUING
PROFESSIONAL ACTIVITIES, FOR COMMUNICATION TO THE PUBLIC BUT
WHICH IS NOT SO COMMUNICATED, IN WHOLE OR IN PART, INCLUDING:

(I)  NOTES;

(II)  OUTTAKES;

(III)  PHOTOGRAPHS OR PHOTOGRAPHIC NEGATIVES;

(IV)  VIDEO AND SOUND TAPES;

(V)  FILM; AND

(VI)  OTHER DATA, IRRESPECTIVE OF ITS NATURE,
NOT ITSELF DISSEMINATED IN ANY MANNER TO THE PUBLIC.

(D)  (1) A COURT MAY COMPEL DISCLOSURE OF NEWS OR
INFORMATION, IF THE COURT FINDS THAT THE PARTY SEEKING NEWS OR
INFORMATION PROTECTED UNDER SUBSECTION (C)(2) OF THIS SECTION HAS
ESTABLISHED BY CLEAR AND CONVINCING EVIDENCE THAT:

(I)  THE NEWS OR INFORMATION IS RELEVANT TO A
SIGNIFICANT LEGAL ISSUE BEFORE ANY JUDICIAL, LEGISLATIVE, OR
ADMINISTRATIVE BODY, OR ANY BODY THAT HAS THE POWER TO ISSUE
SUBPOENAS;

(II)  THE NEWS OR INFORMATION COULD NOT, WITH
DUE DILIGENCE, BE OBTAINED BY ANY ALTERNATE MEANS; AND

(III)  THERE IS AN OVERRIDING PUBLIC INTEREST IN
DISCLOSURE.

- 2060 -